ASN 1 WP-6698.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6698 OF 2011 Mast. Indranil Satish Joshi. ..Petitioner. Vs. The State of Maharashtra and anr. ..Respondents. Mr.Chandrakant N. Chavan for Petitioner. Mr.S.K.Shinde, “A” Panel Counsel for Respondent State. CORAM : MOHIT S. SHAH, C. J. AND SMT.R.P. SONDURBALDOTA, J. 23 August 2011 PC: The petitioner has applied for admission to the Health Sciences Courses on the basis that the petitioner is physically handicapped. However, the assessment of the petitioner of the disability made by the Special Medical Board has found that the petitioner has locomotory disability of the upper limb i. e. Upper limb disability is assessed as 20%. As per the rules for admission to the Health Sciences Courses, 3% is the only sanctioned intake capacity for candidate with locomotory disability of lower limb between 15 to 17%. As per the Maharashtra Council of India Guidelines, the petitioner cannot be considered as eligible for reservation on the ground of physical disability without going into the question whether the candidate with locomotory disability of upper limb is or is not eligible to get the benefit of reservation of physically handicapped candidate. The very fact that the petitioner’s disability has been assessed as 20% is sufficient to make the ASN 2 WP-6698.sxw petitioner eligible for reservation available to physically handicapped candidate. On this short ground alone, we are not inclined to entertain to entertain this petition. 2 The learned counsel for the petitioner has invited our attention to the petitioner’s representation dated 21 July 2011 (Exhibit- G) requesting that if the petitioner is not considered eligible to claim physically handicapped quota then petitioner should not be denied the chance to get admission in regular State Merit List. 3 Since the petitioner’s disability has been assessed as less than 40%, we find substance in the petitioner’s contention that the petitioner should not be considered to be on the basis of the unfit for admission to the regular State Merit List. 4 Mr. Shinde, learned “A” Panel counsel on behalf of the State fairly stated that in the facts and circumstances of the case the petitioner will be considered for medically fit for admission for Medical Sciences Courses on the basis of the regular State Merit List. After recording the above statement of the counsel, the petition is accordingly disposed of. CHIEF JUSTICE SMT. R.P. SONDURBALDOTA, J.