Q) C ( f. o^' IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.1 PETITIONER -•»' ^y .^ <^ A^.y ^M .z,'^ '2..": ^..^•:~ W. P. No.^l.7../.^./2005 Anupam Kumar Minz Aged about 19 Years 8/0 Late Shri Anukaran Minz R/0 Kanya Shiksha Parisar, Ambikapur Sarguja (Chhattisgarh) y^y .y Shiksha Parisar, Ambikapur District /^^' /' ^" RESPONDENTS VERSUS 1. State of Chhattisgarh Through the Secretary Department of Health Medical Education 8s Family Welfare D.K.S. Bhawan, Mantralaya, Raipur (Chhattisgarh) •^ .r^'^S^ ^^xA ./-/ 1..^ cy~^y ., 2. Director Medical Education D.K.S. Bhawan, Mantralaya Raipur (Chhattisgarh) ,3. Dean Chhattisgarh Institute of Medical Sciences (CIMS) Bilaspur (Chhattisgarh) 4. Guru Ghasidas Vishwavidyalaya through the Vice Chancellor Bilaspur (Chhattisgarh) PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS TO MANDAMU^_AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS:- <1Ptc5T ^flT^P va-cq ^i«io<4,y^-i<i<i, RlrtK-iy^ ^^- .......<^Pi3.^/p^ o^6 3n^5T<PTR^Jch ?Isrr31T^5TiPWP 3IT^5T traq? (^ciijd^) ^200 ?^fTWr^fl?r3TI^^T 6okt-. 28.9.2005 Shri Rohul Jha, Advocal Shri Sandeep bubey, 5hri Manindra Shrivast<(iva Advocate for respondent Nos- Thc petitioner has 226/227 of the Constitution the respondents for not yvm^ course, 2005-06 against th|i seat. The case of th®peti^i Mediail Test Examination admb^ion in M.B.B^S, course petitioner secured 2757t^ appjted for admissjon agdns^- amdidate seat meant for provisions of 5ection 39 4F Opportunities, Protection of the respondents are requinEJc} suffering wilti dtsabilities petitioner has securect tjs for the petitioner. Gc^t. Adv, for respondent Nos.l & 2. ast<|iva, 5r< Advocate with Shri Amrito &as, !.|<&4. prejferr^d this writ petition unckr Article \f Indta being aggrfeved by the action of admis^ion to the petitioner in M»B-8<S- •i|& disabied/physica} handicayped quota ^i^Iw<Tli +ii+ioT^'(^^£lxl^i^i>< ^3rf^T3n^$T ioner is that he flqppeare.d m th<s Pre- co|iducted by the re^)ondents-State for fw th®academic session 2005-06. The pc|sition in the merit Hst. The petitjoner physically hcBidicopped/disabled quota Tribes (ST), a^ m view of the The Person with Djsabjlities (Equal |Rights and Full Participation) Act, 1995 to reserve 3% seats for ccyididates r physicaily handia^ped. Though the [2757th position in the physically S4heduled SP/FS/2005-20,000 <ll*fcn ^TT^ ^"wT^iqioq, u>-al1<-l<l<o, fclril^y^ .^....^/.f.k^. ^IT^^TcCTR'-tich ?CT31T^STaRT 3TT^5T q?^P ((jc|I^6|<^) 37 ^200 ?^rTW?^rf^T3TT^^T '-V handicapped/disabled quota, physicaJJy hcmdiatpped quol candidates. However, 1+ie either in the Pt. Jawaharld Chhattisga^h Institute of he is entitled for the ad» directed to consider 1+i& M.B.B.S. course. Return has been filed I have heard learned c< Learned counsei for petitioner appeared in the handicGpped/disabted condid^ CTMS no physicaily been admifted, therefore, t^i m M.B.B^S* coursQ. On the other hond, 4 Shri Shriyastava arguec| belonging to ScheduJed Tri| above 1+ie petjtjoner in 1+ie entitlecil for admission. He | <h^Iw<TI<i ^i+ioT^'I^^SI ^RI^I^ ^3T^T3H^$T |but he was pbced at Sr. No.2 in the fa seat meoait for Scheduted Tribes p^titioner has not been given admi^sion |Nehru Medical College, Raipur or in the AA|esdical Sciences, Bilaspur (CTM5) though |ission. Tlierefore, respondents moy be ca^e of itie petjtioner for odmission in ifie |n behalf of respondent Nos.3 & 4. ^unsel for the parties- petitioner Shri Jha <xr9ued that ihe |PMT examination, 2005 as a physiaitly litc of Scheduled Tribe and so far jn the handia^pped candidate of Scheduled Tribe has t^ie petitioner is entitled for the admission tetirned Sr. Coun^l for respondent Nos.3 d( that there are number of caaididates w physically handicapped/discfcled quota nerit list, therefore. the petitioner is not further ar9uecl that only one seat for SP/FS/2005-20,000 XI-HC-78 *ii*iwi ^^Tim ^ET rqi<4IO^,U>'al'<1<t<p, &rtKiy< .^.t^M.^ ^IT^^TcPT^FlN? ^TT3n^^T^^N 3TT^?T traq?(4c|i^6|<^) .J8 ^200 ^^ffwr^rf^T OTT^^T -^ physicaily handicapped/dtsable<|l alpeady been filled-up, theref^ for admission. I have perused -the recor|:l It is an admitted positiofi filled by the medical college prepared by The respondents studen+5 shows that only one handicapped / di&ibled quota Section 39 of the Act of eckfeafionaf fnsftffufhns and ^ls aid from Ifie ffovemment, persens wifh disabiftties." In view of the above duty bound to reserve not less) disabilities <xnd they cannot only one candidate has been against the persons wi'rii di petitioner deserves to be disabilities quota seat as a <pi<iio*nvi+t!^oT^'fe€$t<<f^i^i^ ^3rf^T31I^$T quota was res&rved and that has re also the petitioner is not entitted thdt in the dMS 82 seats are to be t^irough PMT Exammation, Jhe scheduie for admissions to votrious categories @f |seat has been re^servecl for physically (aindjdates, whereas, the proviaons of ^995 envi^xges ifiat tta// (Sovernment \fher educafional fn^tstutians f^ceivmg reserve not tess Ihan 3% seats for MII ^iandate of law, -riie respondents were thflOT 3% seats for 1+ie candickxtes wilh b^pass the (nandate of law, Admittedly, a|dmit('ecl from the unreserved category i|sabilities quota seat, therefore, -rfie ^onsidered dgainst the person with Sch^duted Tribe candidate. *i 1*101 m<nq» \3-cq '-qiqic)q, yTTl1<-l<I<o, RlriW^ ....^.(..WJ.Ll^. 3Ti^^T<PTR^i<h nsff^^TgRN? [f 3TI^?T q^q? (<|c|ij<s|<£;) J9 ^200 S^TSn ^Tf?cT 3TT^$T •\ aandidklte comle In the result, the peti^ifl ond it is allowed. Respondenl 'riie petitioner for admission handicapped/disabJed ccxndidate. However, if any^ candidata of Sch^duted Trib4 In the merit list and he respondents are entitled to preference to tiie petition^r candjdate of Scheduled petitioiwr in the merit ji$t, course till 30.9.2005, then of petitioner for admtesion in Before parting with Timei and again such writ seats are not being reser^ di^ibjlities as per provjsion^ Therefore, the respondents admissions to the cahdidat&4 provisions of Section 39 of tl^e Certificate copy todoy. <pi<i[o<nvi ^moT^'f^^l ^Ri^l<< ^grf^iTan^sT i^ion of petitioner deserves to be albwed ts are directed to conadep •riie case @f jn M-&.B»S. course ogainst •rtw physicaliy seat meant for Scheduied Tribe other cGundidatB of same ctass i.e. with disabiJitie$ is above the p&titionar n|e forward and seek admission Then the lconsider the case of ^iat CQndidate in *. It is also made clear that jf no with discdbilities, who is above the <tomes forward for admission in M,B.B<5. respondents should consicier the case M.B.B.S. courae order, I would like to observe that are bein9 filed -rtiat flsppropriate ^ed for the caindjdates syffering with of 5ectjon 39 of the Act of 1995. directed to fpame a scheme for giving with di^abilities in accordance with the k ^ct of 1995. __-- Tribe tHie •this pejtitions <tre Sd/- L.C. Bhadoo Judge /- ^ SP/FS/209f5-20,000 ^ ^ <?' '?? ^ ^