SIDDHARTH Vs. GURU GOVIND SINGH I P UNIVERSITY
LAWS(DLH)-2007-4-243
HIGH COURT OF DELHI
Decided on April 21,2007

SIDDHARTH Appellant
VERSUS
GURU GOVIND SINGH I P UNIVERSITY Respondents

JUDGEMENT

- (1.) This writ petition has been filed on behalf of a person who allegedly suffers from a physical handicap. The petitioner sought admission to the MBBS course offered by Guru Govind Singh University at Vardhman Mahavir Medical College, New Delhi for the academic session 2006 -2007. The contention raised on behalf of the petitioner is that 3% of the seats are to be reserved for physically handicapped candidates. There were 100 seats available at the said institution. Therefore, according to him, three seats should have been made available for physically handicapped persons. It is submitted on behalf of the petitioner that only one person has been offered the seat as against this quota of 3%. It is further contended that had three seats been offered to physically handicapped persons then the petitioner, being the next in order of merit of physically handicapped persons, would have got admission.
(2.) On the other hand, it is contended on behalf of the University that the petitioner was ineligible for admission. It was also contended that, in any event, there was only a requirement of 1% reservation in respect of locomotory disability and that too pertaining to the lower limbs. It was contended that, as per the Medical Council of India guidelines issued on 14.7.2003, on which both parties relied, the requirement of a medical certificate is prescribed as under : "The committee also decided that besides and in addition to any other medical certificate, the candidate for seeking the benefit of reservation, as stated above, should present him / herself before a medical board comprising of at least one expert / specialist from the specialty of Orthopedics of a Central Government Hospital / Medical Institution in Delhi and Union Territories and from State Medical Boards in the States and obtain a disability certificate from the medical board having been issued with in three months prior to presenting his application for seeking admission in any medical course by claiming the benefit of reservation. In other words, the last valid disability certificate of the candidate from a Medical Board should not be more than three months old from the date of submitting his or her application for seeking admission in the reserved category for disabled candidate."
(3.) According to the learned counsel for the respondent, the aforesaid guideline prescribes that a person who offers himself / herself as a physically handicapped candidate must be examined by a Board of Experts constituted in Delhi. Secondly, the medical certificate, on which the candidate relies, must not be more than three months old from the date of submission of the application for seeking admission in the reserved category of disabled candidates.;


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