PHOOLA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is a person with disability and has filed this writ petition under Article 226 of the Constitution challenging the provisions of Rule 1. 8 (4) and Rule 1. 20 (11) of the Madhya pradesh Medical Dental Post Graduate course Entrance Examination Rules, 2008 or short 'the Rules 2008') made under Section 10 of the Madhya Pradesh Chikitsa shiksha Sanstha Niyantran Adhiniyam, 1973.

(2.) THE facts relevant for disposal of the petition briefly are that the State government made the Rules, 2008 for admissions to the Post Graduate Medical (M. D. and M. S.) course, Post Graduate Diploma and Dental (MDS) course in Medical and Dental colleges in the State of Madhya Pradesh. Rule 1. 8 of the Rules, 2008 provides for reservaion and sub-rule (4) of Rule 1. 8 provides hat 3% seats are reserved for admission to post Graduate courses for physically hahdicapped persons who are bona fide residents of Madhya Pradesh and belong to ST, SC, obc and Unreserved categories and that such reservation will be horizontal. Rule 1. 19 of the Rules, 2008 is titled as "merit list" and sub-rule (1) of Rule 1. 19 provides that the merit list will consist of the number of candidates equal to the number of seats available for allotment in State quota and separate merit list will be prepared for in-service and non service (open) candidates. Rule 1. 20 of the Rules, 2008 provides for counselling and sub-rule (11) of Rule 1. 20 provides for counselling for non-service candidates in the following sequence: (A) ST Category (B) SC Category (C) OBC Category (D) Unreserved Category the petitioner appeared in the Pre P. G. examination as a physically handicapped candidate in non-service category (Open)and secured 124. 25 marks out of 200 and was placed in the second position in merit list of non-service (open) category for physically handicapped candidates. The physically handicapped candidate who was placed in the first position in the merit list of nonservice (open) category did not appear for counselling but the petitioner appeared for counselling, but she was not offered any degree seat but was offered a seat in Diploma in Ophthalmology and two seats in Diploma in E. N. T. and she was compelled to give her option in Diploma In Ophthalmology and she was allotted a seat accordingly.

(3.) THE petitioner has filed this writ petition praying that Rule 1. 8 (4) of the Rules, 2008 in so far it provides that reservation for physically handicapped persons will be horizontal be declared ultra vires and Rule 1. 20 (11) of the Rules, 2008 which provides for sequence of counselling be declared illegal. The petitioner has also prayed that the tables annexed to the Rules, 2008 in so far as they do not earmark degree and diploma seats for Physically Handicapped candidates be declared ultra vires and that the respondents be directed to give admission to the petitioner in M. D. Course in Radiology, Pathology or Paediatrics.