- (1.) The challenge in the present writ petition is to Clause 11(a) of the Notification dated 14.5.2003 whereby a physically handicapped candidate is required to obtain 50% qualifying marks for admission to MBBS/BDS course.
(2.) The petitioner applied for admission for MBBS/BDS Course through Pre-Medical Entrance Test-2003 under the reserved category of physically handicapped as having 40% disability i.e., shortening of one leg. The petitioner secured 356 marks out of 800 i.e., less than 50% marks required under Clause 11(a) of the Notification dated 14.5.2003. The said 50% marks in PMET are condition precedent for the general category students to seek admission in MBBS course. The case of the petitioner is that the minimum percentage of marks for reserved categories is 40% and, therefore, in respect of physically handicapped category also the marks should not exceed 40%. Such fixation of minimum percentage of marks is said to be illegal, arbitrary, discriminatory and violative of Article 14 and 15 of the Constitution of India. Clause 11(a) of the Notification dated 14.5.2003 reads as under: 11. (a) For admission to MBBS/BDS candidates must have come in the merit list prepared as a result of the entrance examination by securing not less than 50% marks in Physicals, Chemistry and Biology taken together in the competitive examination, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes or other backward classes the marks obtained in Physics, Chemistry, Biology taken together in competitive entrance examination be 40% instead of 50% as stated above.
(3.) It is the case of the petitioner that since all other reserved categories candidates are being considered having scored 40% marks in test, he is also required to be considered as eligible having secured 44.5% marks. Still further, it has been pointed that 17 seats are meant for physically handicapped out of which 6 are for persons who are orthopaedically handicapped but five seats are lying vacant. The petitioner has taken a stand that in case the petitioner is to complete with other general category candidates by securing 50% marks then there is no purpose for providing reservation for physically handicapped persons.;