Afifa Rafiq Shaikh v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8899 OF 2019 Afifa Rafiq Shaikh .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Rajendra L. Kute, Advocate for the Petitioner. Shri P. G. Borade, A.G.P. for Respondent Nos. 1 and 3. Shri M. D. Narwadkar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 22ND JULY, 2019.

FINAL ORDER :

.

The petitioner is seeking admission to the medical course from persons with disability category. The petitioner was referred to the Board viz Sir J. J. Group of Hospitals and Grant Medical College, Mumbai. The Board has examined the petitioner and opined that the percentage of locomotor disability is only 30% and the petitioner is not eligible for admission for Medical/Dental course under P.W.D. quota. The petitioner has produced disability certificate issued by the office of the Civil Hospital, Ahmednagar to contend that the locomotor disability is to the extent of 52%. The petitioner seeks to take advantage of the discrepancy in the date in the certificate issued by the Board.

2 wp 8899.19 The certificate is dated 04.07.2019. One of the members of the Board has put date as 03.07.2019 below his signature. We have no reason to doubt the genuineness of the certificate. The learned counsel further submits that, the petitioner be directed to be examined by the All India Institute of Physical Medicine and Rehabilitation, Mumbai.

2.

Be that as it may, to eradicate any suspicion and/or confusion in view of two different disability certificates on record, the petitioner may present herself before the All India Institute of Physical Medicine and Rehabilitation, Mumbai. The said institute shall examine the petitioner and issue certificate with regard to the percentage of disability and whether the petitioner is eligible for admission for Medical/Dental course from P.W.D. quota. The petitioner shall present herself before the All India Institute of Physical Medicine and Rehabilitation, Mumbai on 24.07.2019. The certificate accordingly shall be issued immediately.

3.

In view of the above, the writ petition is disposed of. No costs.

4.

Parties to act on authenticate copy.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/July 19