V.M.Sahai, J. - (1.) The petitioner appeared in C.P.M.T. Examination, 2001 under physically handicapped category. In the result the petitioner's over-all rank was 2126 and his rank in physically handicapped category was 18. He was required to produce a certificate at the time of counselling from the special medical board (in brief Board) constituted by the respondents in accordance with Clause 3 (chha) of the brochure that he was medically suitable to pursue medical studies. The first counselling was scheduled to be held on 25.9.2001. In paragraph 5.3 of the brochure, the dates of counselling were mentioned. It is not disputed by the respondents that the petitioner appeared before the board on 15.9.2001 whereas counselling was scheduled to commence from 25.9.2001. The board did not Issue medical certificate to the petitioner. It further did not Issue any rejection certificate to him that he was medically unfit to pursue medical education. The petitioner was running before the board for Issuance of medical certificate, but for the reasons best known to the board, he was neither issued any medical certificate nor rejection order. However, the petitioner appeared in the first counselling on 25.9.2001 along with medical certificate issued by the Chief Medical Officer. Ghaziabad, but his candidature was not accepted by the respondents on the ground that the medical certificate of the board was not available.
(2.) The petitioner had filed this petition on the ground that out of 18 candidates under physically handicapped category the petitioner was at serial number 5 of the merit list, as other candidates did not appear for counselling. He was entitled for M.B.B.S. seat but due to arbitrary action of the board in not issuing him medical certificate, he has been deprived of admission to M.B.B.S. course. This fact is not denied by the respondents in the counter-affidavit that the petitioner was at serial number 5 in the merit list and was entitled for admission. This Court passed an interim order on 27.9.2001 directing respondents to keep one seat reserved for the petitioner under physically handicapped category.
(3.) While the writ petition was pending, second counselling was to be held on 8.1.2002. The petitioner appeared before the board on 22.12.2001. The board issued a medical certificate to the petitioner that he was a physically handicapped candidate and his disability was not such that he was unfit to receive medical education. The petitioner had filed the medical certificate before this Court by means of a supplementary-affidavit and since one seat was already reserved as per interim order of this Court, the petitioner did not appear in the second counselling. He claims admission on M.B.B.S. seat as per his standing in the merit list.;