SWAPNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has prayed for issuance of a writ of mandamus commanding upon the respondent no. 2 to take admission of the petitioner in the 1st year of M.B.B.S. course for the Sessions 2003 - 2004. in any of the Medical Colleges of the State of Bihar against the disabled quota seats.

(3.) IT is submitted by learned counsel for the petitioner that before the Medical Board, the petitioner was asked to write on an application form that he was not eligible for disabled quota and, therefore, he was not depositing his original certificates and the petitioner accordingly made endorsement on the application form and thereafter he was asked to go. It is further submitted by learned counsel that the petitioner has not given anything in writing at his own that he was not eligible for disabled quota rather he was asked to write this and when he was found eligible for counselling there was no reason before the Controller to refuse his admission against disabled quota. Learned counsel further tried to impress upon the court that the petitioner had himself applied for M.B.B.S. course against disabled quota and when he had passed the requisite examination he could not have been disallowed admission in the M.B.B.S. course. In paragraph 12 of the writ application, it is stated that from the disability certificate it would be evident that nature of handicappedness of the petitioner is of post polio deformity of lower limbs (R) C amputation of ring and middle finger (R) and the percentage of handicappedness is 55% of moderate category and as such the petitioner 'sdisability is in the category of physically handicapped with the locomotory disorder and, therefore, the petitioner otherwise was medically fit as his upper limbs were fully fit and normal for all practical purposes.