Diwakar Yadav 6824(M/S)2015 v. Narendra Deva University of Agriculture & Technology
2016-01-22
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT Rajan Roy,J. This is an unfortunate case where the appellant, who is physically challenged and would otherwise meet the norms of disability prescribed under the information brochure of the Narendra Deva University of Agriculture & Technology, Faizabad, has been denied admission to the course of Bachelor of Veterinary Science and Animal Husbandry Course (B.V. Sc. & A.H.). A combined entrance examination was held in the State of U.P. by the first respondent. The Chief Medical Officer, Mirzapur issued a certificate of disability to the appellant certifying that he has a permanent physical disability of 45%. The certificate of the Chief Medical Officer, Mirzapur dated 27 August 2013 / 3 September 2013 has been annexed to the writ petition. The appellant was issued an admit card and appeared in the common entrance test. On the basis of the combined merit list, he was called for counselling. The appellant appeared for counselling with all documents on 29 October 2015 but his claim was rejected. 2. Thereupon, the petitioner moved the learned Single Judge in writ proceedings. The learned Single Judge by a judgment and order dated 3 December 2015 dismissed the writ petition. The information brochure of the first respondent stipulates the norms required to be fulfilled by candidates with physical disabilities. 3. The norms insofar as is material are as follows: ?A candidate shall not be allowed admission to B.V.Sc. & A.H. degree course if he/she suffers disabilities in physical fitness as listed below: a) disability of total body including disability of chest/spine more than 50%, b) disability of lower limb of more than 50%, c) disability of upper limb, d) visually handicapped candidates and those with hearing disability, e) candidates with progressive diseases like myopathies, etc., f) disabilities which otherwise would interfere in the performance of the duties of a veterinarian. The disability should be certified by a duly constituted and authorized Medical Board comprising of at least three-specialists out of which two should be of the specialty concerned and the candidate has to present him/her - self before the Medical Board. The last valid disability certificate of the candidate from a Medical Board should not be more than three months old from the date of submitting his/her certificate for disabled candidates.? 4. In the present case, the appellant fulfills the norms since he was certified to have a permanent disability of 45%.
The last valid disability certificate of the candidate from a Medical Board should not be more than three months old from the date of submitting his/her certificate for disabled candidates.? 4. In the present case, the appellant fulfills the norms since he was certified to have a permanent disability of 45%. The learned Single Judge, however, held that the permanent disability of the lower limb is required to be more than 50%. The information brochure condition also speaks of a disability of an upper limb. While the disability of lower limb is required to be more than 50%, the disability certificate submitted by the appellant indicates that his operations are restricted in the elbow and in the knee. 5. In this view of the matter, the learned Single Judge was with respect, in error in rejecting the writ petition. 6. Accordingly, we direct that the first respondent shall duly reconsider the case of the appellant having due regard to what has been stated above and having regard to the certificate of disability issued by the CMO, Mirzapur. This exercise shall be completed within a period of two weeks from the receipt of a certified copy of this order. 7. The special appeal is, accordingly, disposed of and the writ petition shall, accordingly, stand allowed to the aforesaid extent. There shall be no order as to costs.