Rakesh Jain, J. - (1.) Vide Notification No.5/35/2014-5HB-III/559 dated 30.3.2015 [for short 'the Notification'], admissions to Under Graduate Degree Courses i.e. MBBS/BDS for the year 2015, in the Medical and Dental Institutes in the State of Punjab including Medical and Dental Institutes affiliated to private universities, were offered and the Baba Farid University of Health Sciences, Faridkot [for short 'the University'] was authorised to conduct the Punjab Medical Entrance Test-2015 [for short 'PMET-2015]. The University was also authorised to conduct centralised counselling for admissions on the basis of marks obtained in PMET-2015. The petitioner applied under three categories i.e. General Category (Category Code 11), Backward Category (Category Code 12) and Handicapped Category (Category Code 16) and appeared in PMET- 2015, held on 17.5.2015, under Roll No.511829, in which he secured 420 marks out of 800 and was at 17th rank in Orthopedically Handicapped category. After the declaration of result, counselling was scheduled and first two counseling's were held online. The petitioner was granted provisional admission in Dayanand Medical College, Ludhiana in the category of Orthopedically Handicapped. The petitioner deposited the course fee on 11.9.2015. The petitioner submitted a certificate of his disability, issued by Civil Surgeon, Hoshiarpur that he is suffering from congenital kypho-scoliosis, Deformity of Spine (upper limb), which was assessed to the extent of 50%. However, it is alleged that the petitioner was medically examined in terms of Clause 20(iv) of the Notification, which provides as under:- "Physically handicapped/orthopedically handicapped only 3%. The candidate under orthopedic handicap shall be admitted only if he/she has locomotors disability of lower limbs between 50% to 70% and with this disability he/she is otherwise found fit medically to pursue the concerned course by the Medical Board duly constituted by the Government and consisting of Heads of the respective Departments of three Medical Colleges at Patiala, Amritsar and Faridkot of the specialty concerned. In case the candidates are not available then candidates with 40% to 50% disability may be considered."
(2.) The Medical Board of the University opined that the petitioner may be examined by a Higher Medical Board involving a Neurology Surgeon and Spine Surgeon. The University requested the Director, PGIMER, Chandigarh vide letter dated 16.9.2015 to give suitable date for medical examination of the petitioner and other similarly situated candidates and the petitioner was asked to report for medical examination on 26.9.2015 at PGIMER, Chandigarh at 9:00 AM. The petitioner was examined by the Medical Board of PGIMER, which was constituted on 22.9.2015 comprising Dr. Aditya Aggarwal, Additional Professor, Department of Orthopaedics (Chairman), Dr. R.K. Kanojia, Additional Professor, Department of Orthopaedics (Member), Dr. Rajesh Chhabra, Additional Professor, Department of Neurosurgery (Member) and Dr. Rajiv Kumar, Chief Medical Officer, Staff Clinic (Convener). The PGIMER vide its report dated 26.9.2015 opined that the handicap percentage of the petitioner is 41% and progressive in nature. It is also opined that at present he is fit to carry on studies and able to perform duties of a Doctor.
(3.) At the time of notice of motion, issued on 1.10.2015, the petitioner was directed to continue with his course but the interim protection granted was made purely provisional and it was ordered that it would not create any right of equity to the petitioner and shall be subject to the final outcome of the petition.;