K. K. Birla, J. - (1.) THIS is a writ petition preferred by Ram Saran Tewari for issuing a writ in the nature of mandamus directing the Principal Moti Lal Nehru Medical College, Allahabad (hereinafter referred as the Principal) to give admission to the petitioner in the MBBS course.
(2.) IN brief the petitioner was a handicapped person having suffered from Polio attack affecting his both the legs. Some posts are reserved for handicapped persons in the Medical Colleges. Once such post is reserved in the Moti Lal Nehru Medical College Allahabad (hereinafter referred as the College). The petitioner appeared in the entrance examination of Combined Pre-medical Test conducted by Rohilkhand University for the year 1987 as a handicaped candidate. Along with his application he had given the required certificate (Annexure-III to the writ petition). The Special Medical Board were constituted in each of the medical colleges for medically examining the persons claiming to be handicapped. The certificate issued by such board alone were to be considered for the eligibility of such candidate. Ram Saran Tewari was successful in the Combined Pre-medical Test examination and was allotted the seat for handicapped in the College. He was asked to and appeared before the Medical Board of this College on 22-9-87. According to the petitioner it was not necessary for him to appear before the Medical Board again. According to his case he was cleared by this Board as well but the Principal was not giving admission on the ground that he was not physically fit. According to the Principal, before admission to the Medical College the successful candidates are required to be medically examined. On Medical examination by the Board the petitioner was found unfit for admission vide certificate (Annexure-IV to the counter affidavit). The medical examination at the time of applying for appearing in the Combined Pre-medical test (hereinafter referred as the first medical examination) and the Medical examination by a particular Medical college in which the successful candidate has to appear (hereinafter referred as the II examination) are two distinct medical examinations and if such candidate is not declared to be medically fit in the II medical examination, he cannot be given admission in that medical college. Parties have exchanged the affidavits, and the petition is being disposed of finally in accordance with the Rules of the Court. The short controversy in this case is whether the certificate issued by the special medical board at the time when the application for appearing in the Combined Pre-medical test is made by a handicapped person is final not only with regard to the eligibility of such handicapped person to appear in the test but also with regard to his admission in the particular medical college to which he is allotted. This leads to further consideration whether successful handicapped candidate is again bound to submit to the II medical examination and whether on the certificate given by the II Medical Board he can be refused admission in that medical college.. In order to appreciate this controversy it will be appropriate to (refer) to certain documents and the Callendar of University of Allahabad.
(3.) ANNEXURE-II to the writ petition is the general information given by the Rohilkhand University, Bareilly which conducted the Combined Pre-medical test 1987. Clause (Chha) relates to the seats reserved for handicapped persons. It provides that such candidates will have to get himself medically examined by the specially constituted board of one of the Government Medical Colleges and its decision shall be final regarding the eligibility for the seat reserved for handicapped persons. It further provides that if any candidate is not declared eligible for appearing under the category of handicapped person and is not in-eligible for appearing as a general candidate, such candidate may appear in the Combined Pre-medical test as a general candidate. This clause is not relevant for the purposes of this case. It further provides, but if in the opinion of the Board the handicap of any candidate is to that extent that he cannot pursue the medical studies, such candidate will not be eligible for appearing in the Combined Pre-medical test. The contention of the learned counsel for the petitioner is that under this clause the special medical board was to see whether the person was a handicapped and also to see whether he was handicapped to the extent that he was unable to pursue the medical studies. In the case of the petitioner the certificate ANNEXURE-III simply mentions that Ram Saran Tewari (the petitioner) comes under the category of the handicapped and does not say that he is handicapped to that extent that he cannot pursue the medical study. Hence it is contended on behalf of the petitioner that the certificate shows that he was not handicapped to that extent as he could have not pursued the medical studies and, therefore, he could not have been refused admission in the college on such ground. On the other hand the contention by the learned counsel for the respondent is that the certificate under clause (Chha) was required only for the purposes of eligibility in the Combined Pre-medical test and had no bearing when such successful candidate was to be admitted in a particular medical college' Para 15 of Chapter XXXVI of the Callander of Allahabad University provides that a selected candidate shall be required to undergo a medical examination by medical board appointed by the Principal of the medical college to which he is allocated and his admission to that college shall be subject to his being found to be physically fit by the Board. It is, therefore, contended on behalf of the respondent that as the petitioner was not so found physically fit by this medical board, he could not be admitted in the college. It is further contended on behalf of the respondent that there was a prescribed form incorporated in the application for appearing in the Combined Pre-medical test itself which was required to be given by a handicapped person. In this prescribed form (Form Annexure-III to the writ petition) what is required to be reported is whether the applicant comes within the category of handicapped or not. It does not provide any clause for reporting whether he is handicapped to such extent that he is unable to pursue the medical study. It is further contended that therefore the special medical board at the time of first examination did not specifically mention such incapacity in their certificate though at the time of the first examination also it was found that he was unfit for medical studies.;