D. S. Rashmi Ranjan v. Chairman, JEE 2004

96 (2005) CLT 363

W. P . (C)Nos. 7518, 7725, 7877 and 7878 of 2004

Decided On: 02.02.2005

Orissa High Court

Judges: P. K. Mohanty and J. P .Mishra, JJ.

Facts: The petitioners were aspirants of MBBS course and were physically disabled people. They passed the entrance test and thereafter claimed admission under three percent quota reserved for persons with disability under Section 39 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The respondent called them for medical examination. In medical examination they were held disqualified on ground that percentage of disability was not 50-70% as fixed by Medical Council of India(MCI).

Held: Section 2(t) of act of 1995 provides that 'person with disability' means person who suffered with disability not less than forty percent and Section 39 of Act of 1995 reserves three percent seat for person with disability. Hence, as per Section 39 read with 2(t) of Act of 1995 minimum level of disability is forty percent. Therefore fixation of level of disability as fifty percent by respondent was against Section 2(t) of Act of 1995.

Accordingly, the court directed the respondent that all the petitioners whose disability was within forty to seventy percent had to be considered for admission under quota reserved for person with disability.

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