Court judgements: Gauhati High Court
Decided On: 17.12.2008
Judges: J. Chelameswar, C.J. and A. Potsangbam, J.
The petitioner is aggreived that the respondent advertised for medical courses, underlining reservations only for persons with locomotor disabilities of the lower limbs between 50-70%.
Binita Senapati V. State Of Assam & Ors
(2001) 3 Gauhati Law Times 195
Writ Petition No. 41/2000
Decided on 13.06.2001
Gauhati High Court
Judge: A.K.Patnaik, J
Fact: Binita Senapati, physically orthopaedically handicapped person undertook the entrance test of admission to medical colleges in Assam. She was called for the interview, but was not managed to get in the reservation quota since there was only one per cent reservation of seats for disabled candidates in medical stream. According to the Rules of Medical College of Assam and Regional Dental College reservation of only one per cent seats in Medical colleges for Orthopaedically handicapped persons are allowed (Rule 6(1) (k)). She challenged this rule as against the violation of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which stress for three per cent reservation of seats in educational institutions.
Held: In this case the Government was of the view that only persons with locomotor disabilities or orthopaedically handicapped persons can be allowed admission to MBBS course and other persons with disabilities included in the expression “disabilities” in Section 2(1) of the 1995 Act are not suitable to perform the duties of a doctor after the MBBS course, the government was obliged under Section 39 of the 1995 Act to reserve entire 3% seats for physically handicapped persons as incorporated in rule 6(1)(K) of the 1996 rules for such persons with locomotor disabilities or orthopaedically handicapped persons. As long as Section 39 of the 1995 Act is not amended and so long as the State Government has taken a stand that only candidates with locomotor disabilities are suitable to admission to 3 % seats reserved in MBBS Course in Medical Colleges of Assam reserved for disabled persons under rule 6(1) (K) of the 1996 rules, candidates with locomotor disabilities would be entitled to the entire reserved seats for the candidates with physical disabilities. Since 3% of the total 310 seats in MBBS Course in Government Medical Colleges of Assam would be more than 4 and the petitioner is the 4th candidate in order of the merit in the list of physically handicapped persons, she is entitled to such admission.
Full judgement not available
Binita Senapati V. State Of Assam And Others
(2001) 1 Gauhati Law Times 199
Civil Rule No.3461/1998
Decided on 06.09.1999
Gauhati High Court
Judge: J.N.Sarma, J
Fact: Binita Senapati who suffers from 45 per cent disability applied to admission to the M.B.B.S Course of Assam Medical Colleges. She claimed reservation of 3 per cent seats for disabled persons for admission to the M.B.B.S course as per section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. But the concerned authority denied reservation to her and the present petition was filed on behalf of this decision.
Held: There is a set of Rules for admissions to the Medical Colleges of Assam in which compulsory to attend the Common Entrance Exam, as well as qualifying marks to be obtained for appearing entrance exam, also person must be found to be physically fit by the Medical Examination Board. In Chapter V of the PWD Act, which deals with ‘Education’, nowhere mentions reservation of seats for candidates in educational institutions including technical, scientific and super technical areas. The petitioner has relied on section 39 of the Act, which falls under the heading Employment. Mental retardation as defined in the Act also includes a person with 100 per cent retardation (section2®). If section 39 goes to the extent of providing for reservation in admission to medical college, then 3 per cent of seats of Medical Colleges may have to be filled up by 100 per cent mentally retarded people. This creates no logic decisions. So it is clear that the Act is not favour in matter of admission to medical colleges.