Aruna v. The State of Maharashtara & Ors.

Mr. Haribhau Deshinge i/b. Mr. Vijay Killedar for the petitioner. Mr. V.S. Gokhale, AGP for respondent Nos. 1 and 2. Dr. Arunkumar Vyas, Officer on Special Duty, Directorate of Medical Education & Research, Mumbai, present. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 14th June, 2011 PC: The grievance of the petitioner in this petition filed under Article 226 of the Constitution of India is that the petitioner’s disability of the lower limbs is erroneously assessed by respondent No.3 at 49% as against 52% disability assessed at the time of the petitioner’s admission to the 1st Year M.B.B.S. Course 2004 and even recently in the year 2009-10. The learned Counsel for the petitioner has relied upon the certificates issued by the Orthopedic Surgeon at the Government Medical College and Hospital, Aurangabad in support of the above contention. 2 wp-4002-11.sxw

The learned A.G.P., for the State has submitted that as per the Rules for admission, the verification of the disability has to be carried out by a Special Medical Board constituted for the purpose by the Competent Authority and the decision of the Special Medical Board will be final. It is further submitted that as per Rule 14a candidates with lower limb disability are divided into two categories viz. (1) Category “A” are candidates with disability between 50% to 70% and (2) Category “B” is of candidates with locomotory disability of lower limbs between 40% to 50%.

Having heard the learned Counsel for the parties and having regard to the disability as assessed by the Orthopedic Surgeon at the Government Medical College and Hospital, Aurangabad at 51% in 2004 and at 52% in 2009 and “A” category in 2010, this petition is required to be disposed of with the direction that the petitioner should be examined afresh by the Special Medical Board tomorrow i.e. on 15th June, 2010 at

10.30 a.m., and before issuing the disability certificate the Special Medical Board shall consider the certificates issued by the Orthopedic Surgeon at the Government Medical College and Hospital, Aurangabad for the years 2004 and 2009 assessing the petitioner’s disability at 51% and 52% respectively and the merit list of PGM-CET-2010 for Physically Handicapped Candidates issued by the Directorate of Medical Education & Research wherein the petitioner is shown as falling in Physically Handicapped Type “A”. 3 wp-4002-11.sxw

After the Special Medical Board reassesses the petitioner’s disability as aforesaid, the petitioner’s case will be considered for admission for the Post Graduate Medical Course.

Having regard to the urgency involved in the matter the Special Medical Board shall issue the certificate regarding the assessment of the petitioner’s disability immediately after physical examination.

This Court is informed that the Special Medical Board for this year is respondent No.3-The All India Institute of Physical Medicine and Rehabilitation Centre, Haji Ali, Mumbai. The private notice of the learned Advocate for the petitioner is shown to have been served upon respondent No.3 stating that the matter is listed on board for urgent admission on 13th June, 2011 and the same is adjourned to today i.e. 14th June, 2011. However, none appears for them.

All parties to act on an ordinary copy of this order duly authenticated by the Associate of this Court.

Petition disposed of accordingly. CHIEF JUSTICE GIRISH S. GODBOLE, J.