srk １ wp-L-1884-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.1884 OF 2010 Mr. Avinash Jayram Jangam Natural guardian of petitioner Ms. Ankita Avinash Jangam ... Petitioner Versus Directorate of Medical Education & Research and others. ... Respondents Mr.Nusrat Shah with Ms. Pervin D. Contractor, Ms. Naazish N. Shah, Ms. EMA Almeida and Mr. Sayad Zia i/by Mr. A.K. Gupta for the petitioner. Ms. Geeta Shastri, Assistant Government Pleader for Nos.1 and 2. Mr. M.S. Bhardwaj for respondent No.3. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J. Monday, August 30, 2010 P .C. What is challenged in this petition under Article 226 of the Constitution is the decision of respondent Nos.1 and 2 declining to consider the petitioner's claim for admission to the seat in the first year B.D.S. Course reserved for physically handicapped candidates. As per the admission rules, 3% seats of the annual sanctioned intake capacity shall be filled up by candidates with locomotory disability of lower limbs between 50% to 70%. As per the certificate obtained by the petitioner from All India Institute of srk ２ wp-L-1884-10 Physical Medicine and Rehabilitation, Mumbai, it is certified that the petitioner is having 55% permanent disability pertaining to locomotory disorder of the lower limbs. On that basis, the petitioner has applied for admission to the seats reserved for physically handicapped candidates. The Medical Board, Mumbai, however, certified the petitioner to be having only 35% disability as per the dated 6th July, 2010. In view of the said finding, the respondent-authority has considered the petitioner as not eligible for physically handicapped quota claim. 2. The learned counsel for the petitioner submits that since All India Institute of Physical Medicine and Rehabilitation, Mumbai which is a recognised institution as per Rule 3 at Annexure `D', the petitioner ought to have been considered as eligible for the seat reserved for physically handicapped candidates. 3. The learned Assistant Government Pleader submits that the certificate from All India Institute of Physical Medicine and Rehabilitation only makes the petitioner eligible for admission to the reserved category for physically handicapped persons but the final decision as to whether locomotory disability of the candidate is between 50% to 70% will be taken by the Medical Board. She further submits that in view of the matter, the respondent- authorities are prepared to have the petitioner's case considered by another Medical Board at B.J. Medical College, Pune. 4. In view of the above, we dispose of this petition with a direction that the question about percentage of locomotory disability (locomotory disability of lower limb) shall be determined by the Special Board at B.J. Medical College, Pune without being influenced by the certificate dated 6th July, 2010 of the Medical Board of Grant Medical College, Mumbai. The date srk ３ wp-L-1884-10 and time of such examination shall be communicated by the learned AGP to the learned counsel for the petitioner within one week from today. 5. Writ petition stands disposed of accordingly. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.