MONORANJAN DEKA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 2.9.2004 passed in W.P.(C) No. 5386 of 2004 by the learned Single Judge rejecting the prayer of the appellant -petitioner for a direction to the respondent authority to admit him to the First Year MBBS/BDS Courses in the Medical/Dental Colleges of the State for the Session Commencing 2004 against the seats reserved for physically handicapped candidates.

(2.) We have heard Mr. DC Kath Hazarika, learned counsel for the appellant and Mr. BJ Talukdar, learned Government Advocate, Assam.

(3.) The appellant appeared in the Entrance Examination to the above courses without indicating that his candidature for admission was for any of the seats reserved for different categories of candidates. After Entrance Examination, by the letter dated 18.6.2004, the appellant informed the Director of Medical Education, Assam that his candidature is to be treated as that of the physically handicapped candidate for the purpose of admission against 3% seats reserved for this category. The appellant secured 119 marks in the Entrance Examination and consequent thereupon claimed that he be ranked at Serial No. 4 of the merit list prepared for physically handicapped candidates. It may be mentioned here that his name was not incorporated in the list meant for physically handicapped candidates. The appellant issued a pleader's notice dated 3.7.2004 insisting that he be called for counselling/interview. Accordingly, he was called for counselling and interview on 26.7.2004, but was considered ineligible for admission as a physically handicapped person since he is suffering from impaired vision which is a disqualification as per Medical Council of India guidelines/directives. According to him, he was arbitrarily denied admission. Praying for appropriate writ, he filed the writ petition which the learned Single Judge has dismissed.