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2008 Supreme(Pat) 77

CHANDRAMAULI KR.PRASAD, RAJESH BALIA
Bihar Combined Entrance Company – Appellant
Versus
Vishakha Gupta – Respondent


Judgment

1. Having heard learned counsel for the petitioner and considering the application filed under Sec. 5 of the Limitation Act, we are satisfied that the appellant was prevented by sufficient cause from filing the appeal within time.

2. Consequently, this application is allowed and delay in filing the appeal is condoned.

3. We have also heard learned counsel for the parties on merit of the appeal.

4. This appeal is directed against the judgment of the learned Single Judge dated 31.8.2007 passed in C.W.J.C. No. 10320 of 2007 directing the respondents-appellants that the petitioner be examined by the Head of the Department of Orthopedics, P.M.C.H, certifying as to whether petitioner is suffering from disability of upper limb (lower trunk) or is only suffering from locomotory disability of lower limb to the extent of 50 % and if it so, writ-petitioner be admitted even if it results removing the last person admitted in the disabled quota in handicapped category.

5. The writ-petitioner had come before this Court seeking admission in the Medical Course for 2007 Batch in terms of the guidelines and practices followed in the matter of considering the admissions to the disable candidat

















































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