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2016 Supreme(SC) 65

DIPAK MISRA, N.V.RAMANA
Chairman, Odisha Joint Entrance Examination – Appellant
Versus
Jasobanta Nayak – Respondent


ORDER

Leave granted.

2. The present appeals are directed by way of special leave petitions against the judgment and order dated 17th October, 2012, passed in W.P.(C) No.14456 of 2012, by the High Court of Orissa at Cuttack.

3. The respondent No.1 herein had appeared in the Odisha Joint Entrance Examination 2012 for admission into engineering course. He was assigned the rank at Sl. No.16871 in the general category and placed at No.80 under the physically challenged category for admission into the engineering course. As the respondent No.1 was physically handicapped, he had filed a certificate issued from the District Head Quarters Hospital, Balasore, Odisha, which had mentioned that he was visually disabled by 40%. Needless to say, visual 40% disability enables a candidate to be considered in the physically handicapped category.

4. It is submitted by Mr. Milind Kumar, learned counsel appearing for the appellant that the order passed by the High Court suffers from grave illegality inasmuch as it has observed that the respondent No.1 was directed to produce the physically handicapped certificate, though the prospectus clearly prohibits for filing of such certificate. It is urged by him th










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