CWP No.12649 of 2009 : 1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 24.08.2009 Harita Bansal Vs. Baba Farid University of Health Sciences Faridkot and others. CORAM: HON'BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Harkesh Manuja, Advocate, for the petitioner. Mr.Anupam Gupta, Advocate, for the respondents. PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. The petitioner is orthopaedically handicapped and suffers from deformity of upper right forearm with 65 percent permanent disability. She applied for admission to MBBS/BDS Courses in the physically handicapped category for academic Session 2009-10. The respondents issued notification dated 31.03.2008 laying down the eligibility for selection/admission to various courses. In so far as the orthopaedically handicapped category is concerned, the following eligibility conditions have been laid down:- “The candidate under category (iii) of orthopaedic handicap shall be admitted only if CWP No.12649 of 2009 : 2: he/she has locomotors disability of lower limbs between 50% to 70% and with this disability he/she is otherwise found fit medically to pursue the concerned course by the Medical Board duly constituted by the Government and consisting of Heads of the respective Departments of three Medical Institutes at Patiala, Amritsar and Faridkot of the specialty concerned. Similarly for the candidates opting under visual/hearing impairment category in BAMS Course the admission shall be made if the candidate is otherwise found fit medically to pursue the concerned course by the said Medical Board.” Since as per the eligibility conditions only such of the candidates who have physically deformity in the lower limb are entitled to consideration for admission the petitioner has been denied the benefit of the category as she is suffering from deformity of the upper limb. This issue earlier came up for consideration before a Division Bench of this Court in CWP No.12834 of 2004 (Nidhi Kamla and others Vs. State of Punjab and others) which came to be disposed of on 30.09.2004. This Court considered various aspects of the aforesaid eligibility conditions and gave following directions:- CWP No.12649 of 2009 : 3: “ (i) Though the MCI is not a party to this writ petition, however, Baba Farid University of Health Sciences and the State of Punjab (respondents No.1 and 2 respectively) shall immediately contact the MCI along with a copy of this order but not later than five days from the date of receipt of its copy: (ii) The Medical Council of India will constitute an expert committee either at its own level, or advise the University and/or the State Govt. to constitute the same, however, the MCI will send its nominee, who shall be the Chairman of such newly constituted Medical Board-cum-Expert Committee: (iii) The afore-mentioned Expert Committee/Medical Board will re-examine the case of the petitioners herein. While in relation to petitioners No.1 and 2, the Expert Committee/Medical Board shall examine as to whether they will be ineligible for admission to the Medical course because of their locomotory CWP No.12649 of 2009 : 4: disability “upper limbs” even if the “feelings” and “sensation” in such upper limbs are absolutely normal and do not hamper the day- to-day functioning in any manner. In the case of petitioner No.3, in addition to the afore-said aspect, the Expert Committee/Medical Board will additionally examine as to whether the locomotory disability suffered by him pertains to the “upper limbs” or the “lower limbs”: (iv) If the Expert Committee/Medical Board holds that the petitioners are ineligible to seek admission in the medical courses, then the claim of the petitioners shall stand rejected automatically. However, if they or anyone of them are/is found eligible by the Expert Committee/Medical Board for the MBBS course, the respondents are directed to admit them/ him to such course forthwith and not later than two days from the date of submission of the expert opinion by the Expert Committee/Medical Board. (v) Three seats in the MBBS course, which CWP No.12649 of 2009 : 5: were directed to be kept unfilled vide order dated September 23, 2004, shall not be filled by the respondents till the afore-mentioned directions are complied with.” In view of the above directions, the petitioner is also entitled to be considered subject to the expert opinion of the Medical Board. Let the petitioner be examined by the expert Medical Board in terms of the aforesaid judgment. In the meantime, the petitioner may be allowed provisionally to participate in the counselling proposed to be conducted by the respondent-University and her right for admission to the course in question shall depend upon the outcome of the Medical Board. 24.08.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO