Gujarat High Court Case Information System
Print
SCA/8819/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8819 of
2011
=========================================================
JAYDEEP
MAHENDRABHAI THAKKAR THROUGH FATHER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH COMMISSIONER OF HIGHER EDUCATION & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
NIKUNJ D BALAR for
Petitioner(s) : 1,
Mr. Pranav Dave, AGP for Respondent(s) : 1 -
2.
MR RUTVIJ M BHATT for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 10/08/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
writ petition has been preferred by petitioner with a prayer to
direct respondents to consider his case as physical handicap person
and give the PH Merit Number as per the Rules and Regulations of the
Admission Committee.
Grievance
of the petitioner is that the petitioner is having more than 40 per
cent disability due to Polio but the Board for deciding eligibility
and suitability for admission against reserved seats for disabled
candidates has shown him 35 per cent disability and thereby
disentitled petitioner to claim benefit of disability in the matter
of admission in medical course and reshuffling in the course.
It
is submitted that the finding of the Board for deciding eligibility
and suitability for admission with regard to disability is wrong and
contrary to decision of Civil Surgeon and its committee which found
petitioner disable to the extent of 40 per cent due to polio.
Case
was taken up on 4th August, 2011 and having noticed
aforesaid, following order was passed:
” From
the certificate granted by the office of the Civil Surgeon under the
letterhead of Sheth N.L. General Hospital, Patan (N.G.) dated
17.5.2011, it appears that the petitioner has been found to be 40%
disabled. Similar certificate has been granted earlier on 22.9.2010
from the said hospital. However, when he has been verified by the
Board for Deciding the eligibility and suitability for admissions
against reserved seats for loco-motor disabled candidates C/o Dean,
B.J.Medical College, Ahmedabad, the disability has been found to be
35%.
As
we found that there are two conflicting reports and one report is
given from the Government Hospital and other report is by the Board
which is also constituted by the State Government, we are of the
view that third report should be obtained from another board chaired
by the Orthopaedic. We
accordingly direct the Civil Surgeon, Civil Hospital, Ahmedabad to
constitute the board consisting of experts of Orthopaedic, Physician
and expert of the subject of which the petitioner is physically
disabled and submit the report before this Court by the next date.
The petitioner should appear with a copy of this order before the
Civil Surgeon, Civil Hospital, Ahmedabad, who will constitute such
board and call the petitioner within 72 hours (three days) to get
him physically checked up and submit the report before this Court
immediately.
Let
a copy of this order be handed over to learned AGP Mr.Pranav Dave
for information to the Civil Surgeon, Civil Hospital, Ahmedabad.
The petitioner be also provided with a copy of this order.
Post
the matter along with the report, if any submitted, on 10th
August 2011 within ten cases.
Direct
service is permitted today.”
Pursuant
to Court’s order, respondents have submitted reply. Board
constituted by Civil Surgeon, Civil Hospital, Ahmedabad with expert
of Orthopedic Physician and expert on the subject have found
petitioner 40 per cent disabled and in their reply, respondent has
stated as under in para 4 :
“4. I
submit that therefore now it is accepted that the petitioner is
having 40 % disability and and is eligibility for conditions of
admission in the course wherein the petitioner is considered as a
disabled candidate and is given Merit No. 10-A-2. In next
reshuffling program admission committee will offer available seats
and branches in PH Category to the candidate according to his PH
Merit Number. And therefore, as already petitioner’s case considered
by the admission committee as eligible for the seat in the disabled
category petition would not survive and same may be disposed of
accordingly.”
In
view of paragraph 4 of reply affidavit at page 35 and in view of
such stand taken by the respondents, we direct respondents to treat
petitioner as disabled candidate and as per merit, his case be
considered in the next reshuffling programme and offer him
available seat and branches in such category according to his Merit
Number. It is expected that reshuffling will be completed within
four to six weeks.
Writ
petition stands disposed of accordingly with the aforesaid
observations and directions.
Direct
Service is Permitted.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
anvyas
Top