INDERJEET SINGH,J. - (1.) This writ petition has been filed by the petitioner with the following prayer:- "It is, therefore, most respectfully, prayed that this Hon'ble Court be pleased to call for the entire record relating to this case and after perusing the same may be pleased to accept and allow this writ petition, and :- (i) By issuing appropriate writ order or direction the impugned action of the respondents of not giving admission against physical handicapped quota to the petitioner on the basis of incomplete medical report dated 12.9.2019, in B.V. Sc and A.H. course 2019-20 on the basis of merit of RPVT, 2019 by not following the physical handicapped certificate dated 28.6.2016 and 28.8.2019 by superior Medical Board at SMS Medical College, Jaipur inspite for notice for demand of demand of justice dated 14.9.2019 be quashed and set aside and the petitioner be given admission on the basis of his merit against physical handicapped quota in B.V. Sc and A.H. course 2019-20 on the basis of his merit of RPVT, 2019, with all consequential benefits. (ii) By issuing appropriate writ order or direction in the alternate the assessment of physical impairment be ordered to be done by the higher medical board of SMS Medical College, Jaipur or at any other superior and higher Medical Board at any other place and on the basis of the aforesaid assessment of physical impairment of petitioner the petitioner be given admission in the college of his choice as per his merit in B.V. Sc. and A.H. course 2019-20 as per his merit of RPVT, 2019, with all consequential benefits. (iii) Any other appropriate writ, order or direction which this Hon'ble Court may deem think fit and proper may kindly be passed in favour of the petitioner. (iv) Costs of the writ petition may kindly be awarded in favour of the petitioner." Brief facts of the case are that the petitioner had applied for admission in the B.V.Sc and A.H. course in disability quota. Candidature of the petitioner was rejected by the respondents on the ground that the petitioner is having two disability certificates, where in one of the certificate issued by the S.M.S. Medical College, Jaipur the disability was shown more than 40% and while the petitioner was examined at S.P. Medical College, Bikaner his permanent disability has been shown as 53%. As per the norms of the respondent-University a candidate must be of below 50% permanent disability for seeking admission in disability quota in the concerned course.
(2.) This court while issuing notice to the respondents protected rights of the petitioner and passed the following order on 27.09.2019 which reads as under:- "Learned counsel for the petitioner submitted that the petitioner had applied for admission in B.V. Sc. and A.H. Course in Disability Quota. Counsel submitted that petitioner was given certificate of permanent disability by SMS Medical College, whereby his disability was shown 40%. Counsel submitted that while the petitioner was examined at SP Medical College Bikaner, his permanent disability has been shown 53% and as such petitioner inspite of selection has not been given admission. Counsel submitted that the respondents are proceeding with the admission process. Issue notice to the writ petition as well as stay application, returnable on 01.10.2019. It is made clear that in case the petitioner found medially fit for the purpose of admission in disability quota, the pendency of petition will not affect his right." This court to ascertain disability of the petitioner directed the AIIMS, Jodhpur for examination of the petitioner by a Medical Board and passed the order in this regard on 01.10.2019 which reads as under:- "The main dispute in the instant writ petition is with regard to disability of the petitioner for the purpose of his admission in B.V. Sc.and Animal Husbandry Course in disability quota. This Court finds that there are different reports giving percentage of disability in respect of the petitioner. This Court before deciding the controversy, deems it proper to refer the present mater for assessment of Physical Disability of the petitioner by Medical Board. This Court is directing the Superintendent, AIIMS, Jodhpur to constitute a board of three members, who would examine the petitioner and they would give the report in respect of permanent disability. The petitioner may appear before the Medical Board to be constituted by Superintendent, AIIMS, Jodhpur on 7th October, 2019. A copy of this order be sent to the Registrar (Judicial) for necessary compliance. The report of the Medical Board be sent to this Court in a sealed cover. List the matter on 15th October, 2019, as prayed." In compliance of the order passed by this court on 01.10.2019 the petitioner was examined by the Medical Board at AIIMS, Jodhpur on 11.10.2019 and the opinion given by the Board is as under:- "On examination of the person, the board has found that the percentage of disability of the petitioner is 49." According to the opinion of the Medical Board of AIIMS, Jodhpur the percentage of disability of the petitioner is 49%. Learned counsel appearing for the respondent-University fairly submits that since disability of the petitioner as determined is 49% i.e. between 40% to 50%, then the petitioner is eligible/entitled for admission in B.V.Sc and A.H. course.
(3.) In that view of the matter, the present writ petition is disposed of with a direction to the respondents to consider case of the petitioner for admission in B.V.Sc and A.H. course in disability quota according to his merit for the session 2019-20 within a period of ten days. Copy of the report submitted by the AIIMS, Jodhpur is taken on record. Office is directed to handover copy of the Medical Board's report to the counsel for the parties. ;