BINITA SENAPATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed by a person who is handicapped. She is suffering from shortening of the right lower limb with moderate stiffness of the right hip. Her percentage of disability is 45% as certified by the authority of Guwahati Medical College. Annexure-I and IA are the documents in support of her plea of disability.

(2.) The petitioner herein passed the Higher Secondary (Science) Examination from Cotton College, Guwahati. The petitioner applied for admission to the M.B.B.S. Course in the three Medical Colleges in the State of Assam under the Director of Medical Education, Assam. The petitioner claims that she is entitled to reservation of at least 3% of seats for disabled person for admission to the M.B.B.S. course in Medical Colleges of the State of Assam as per Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. That reservation was denied to her and hence this writ application.

(3.) There is a set of Rules for admission to the Medical Colleges of Assam and these Rules are known as Medical College of Assam and Regional Dental College (Regulation of Admission of Under-Graduate Students) Rules, 1996 and it came into effect with effect from 1st of July, 1996. Rule 3 of the Rules provides for Conditions for Admission and Eligibility for Appearing in the Common Entrance Examination. Rule 3 (2) (c) provides for the qualifying marks to be obtained. Rule 3 (2) (d) provides that the person must be found to be physically fit by the Medical Examination Board. Rule 6 provides for reservation of seats and the contention of the petitioner is that the Rule does not provide for reservation of handicapped persons as provided in Section 39 of the Act of 1995 as indicated above. As such this application for reservation of seats. Section 39 of the Act is quoted below :