HASANKHAN GULAMHUSSAINKHAN KHANJADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Hasankhan Gulamhussainkhan Khanjada, petitioner, has filed this petition with a prayer that this Court may issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent to give admission to the petitioner in the PTC course either in granted or self finance institution. The petition was filed on 20th September, 2004.

(2.) The facts giving rise to this petition are as under:-

(3.) On behalf of the Government, Mr.L.B.Dabhi, learned AGP appears.He has relied upon the affidavit-in-reply dated 28th September, 2004. In para 5 of the affidavit, it has been stated that the petitioner along with application for admission to PTC course has produced disability certificate whereby the petitioner is certified to be having 30% visual impairment disability. It is submitted that, as required vide the rules for admission to PTC course 2004-2005, the petitioner was referred to the committee constituted for verifying and scrutinizing disability of the candidate. The said committee examined the petitioner and opined that the petitioner is not a disabled person and is, therefore, not entitled to admission in PTC course. He has relied upon the examination report in this behalf, in which, as far as petitioner is concerned, in column No.10 (nature of disability), it has been stated that the petitioner had a low vision and that has been duly certified that he has a low vision in column No.11 also (nature of disability as per doctor certificate). As per medical certificate it has been 30% disability as far as vision is concerned. However, after the petitioner is examined, the committee opined that the petitioner is not a disabled person and, therefore, he is not entitled to admission in PTC course.