87wp605.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.605 of 2009 (Kaiwalya s/o. Rajkumar Bhoyar .vs. Director, Govt. Medical Edu. And Research Deptt. Mumbai and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & A. P. Bhangale, JJ. Date : 08/07/2009. Heard Ms Tajwar Khan, Adv. for petitioner and Mrs.S.S.Wandile, Assistant Government Pleader for respondent nos. 1 to 3 and 5. Counsel for petitioner has submitted that the petitioner, on the earlier occasion, had applied for admission to the 1st Year MBBS course from the physically handicap category. Ms Khan, Adv. for petitioner states that, on the earlier occasion, the petitioner appeared before the Medical Board, Government Medical College, Nagpur and after medical examination of the petitioner, the said Board issued certificate dt. 11.3.1999 wherein the percentage of disability suffered by the petitioner is mentioned as 50 %. It is further submitted that the petitioner again appeared before the 87wp605.09.sxw 2 . handicap Board (Government of India) Ministry of Social Justice and Empowerment. Said Board again conducted medical examination of the petitioner and issued certificate dt. 26.4.2006 wherein the disability suffered by petitioner is mentioned as 51 %. Counsel for petitioner states that, the petitioner, for the third time, appeared before the notified Medical Board on 10.7.2008 and after medical examination of the petitioner, said Board issued medical certificate wherein the disability suffered by the petitioner is shown as 40 %. Counsel for petitioner, in such a situation, has submitted that the petitioner may kindly be permitted to appear before the Notified Medical Board for Physically Handicap Category and direction be given to the Board to medically examine the petitioner and issue medical certificate once again. Mrs. Wandile, Assistant Government Pleader has submitted that since the petitioner was already given opportunity to appear before the different Medical Boards on number of occasions in the past, it is not necessary that the petitioner once again be given an opportunity to appear before the Board for the same purpose. Be that as it may, since there are conflicting views expressed by different Boards in respect of disability suffered by 87wp605.09.sxw 3 . the petitioner, in the interest of justice, we feel it appropriate to permit the petitioner to appear before the Notified Medical Board on 9.7.2009 at 11 O’ clock and direct the Board to medically examine the petitioner carefully and issue appropriate disability certificate based on such medical examination forthwith. With these observations and directions, the petition is disposed of. Copy of this order duly authenticated be supplied to the Assistant Government Pleader. JUDGE JUDGE jais