srk 1 wp-704-11.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 704 OF 2011 Mr. Bhausaheb Kisan Shinde ... Petitioner Versus The Indian Oil Corporation Ltd. and others. ... Respondents Mr. R.B. Sabban and Mr. D.G. Dhanure for the petitioner. Mr.Hemant Prabhulkar i/by M/s. Juris Consutus for respondent Nos.1 to 3. Mr. A.B. Vyagyani, Assistant Government Pleader for State-respondent Nos.6 and 7. Mr. Uday Warunjikar with Mr. Sachin U. Dhakephalkar for respondent No.8. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Monday, March 07, 2011 P.C. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the allotment of the handicapped reserved Retail Outlet of the Indian Oil Corporation at Ane to respondent No.8, on the ground that respondent No.8 had obtained certificate for disability which was not genuine. 2. At the hearing of this petition, the learned counsel for the petitioner states that the petitioner has now obtained a copy of the certificate issued in favour of respondent No.8 which indicates that respondent No.8 is orthopedically handicapped to the extent of 40% disability. 3. The learned counsel for the petitioner states that the petitioner will now challenge the said certificate by filing a fresh petition. srk 2 wp-704-11.sxw 4. The learned counsel for the Indian Oil Corporation-respondent No. 1 herein submits that filing of fresh writ petition would not be an appropriate remedy for challenging such a certificate and that the aggrieved person has the remedy of challenging the certificate issued by the Medical Board before the Board of Referee i.e. the Appellate Medical Board. Specific reliance is placed on para 6 of the affidavit-in-reply of Shri Hambirrao Ramchandra Kamble, Deputy Commissioner for the Persons with Disabilities, Maharashtra State, Pune. 5. In view of the above, it is clear that the petitioner has an equally efficacious alternative remedy. 6. The petition is accordingly, disposed of in order to enable the petitioner to approach the Board of Referee i.e. Appellate Medical Board for challenging the decision of Medical Board in favour of respondent No.8. In case, the petitioner prefers appeal before the Board of Referee within two weeks from today, the appeal shall be decided as expeditiously as possible and preferably within four weeks from the date of filing the appeal. 7. It is made clear that all the learned counsel for the respondents have agreed that such an appeal will be maintainable before the Board of Referee. CHIEF JUSTICE S.J. VAZIFDAR, J. srk 3 wp-704-11.sxw