RAVI DALAL Vs. BHAGWAT DAYAL SHARMA AND ORS.

JUDGEMENT

(1.) THE petitioner, who applied for admission to BAMS course, was seeking for consideration under the handicapped category quota. Clause 9 of the prospectus provided that only candidates having locomotor disability of lower limbs between 50% to 70% shall be considered for admission as physically handicapped and in case candidate was not available in that category, the candidates with disability of lower limbs between 40 -50% shall be considered for admission. The petitioner had been admitted to the 2nd respondent College as a person whose disability was assessed at 50% and for which the necessary certificate issued by the Disability Board had been submitted along with the application. The 3rd respondent had also been called for counselling along with the petitioner. But since her own disability, as per the certificate produced by her was at 40%, she was not considered for admission to the vacancy in the government college, but she had been admitted to a self -financing MSM Institute of Ayurvada Khanpur Kalan, exclusively for the girls as a person who had 40% disability as per the certificate and which college ought to have not filled up a seat meant for handicapped person above 50%.

(2.) THE petitioner's grievance is that his admission to the 2nd respondent government college was sought to be withdrawn and the 3rd respondent was admitted to his place as a person more meritorious and whose disability was shown to be re -appraised at 70% after verification of the certificate. The petitioner would contend that the prospectus provided for two counselling sessions and after they have been completed and admission made, modification was sought to be made withdrawing the admission to the petitioner later through third counselling session, which was untenable.

(3.) THIS court, while ordering notice has explained through order dated 10.11.2014, granted stay of the impugned order and the petitioner had also secured his admission. The point which required to be examined is the manner of understanding Clause 9 of the prospectus and, therefore, I reproduce the same: -