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 candidates to the Medical Colleges by a combined selection process in terms of the quota for such admission.

6. The writ-petitioner had applied to be admitted in the Medical course through Bihar Combined Entrance Competitive Examination, 2007 claiming reservation for handicapped candidates. She had submitted her certificate dated 15th of June, 2005 issued by the Civil Surgeon, Nalanda certifying that she suffers from post Polio having infirmity of both the lower limbs and the extent of her locomotory disability is 50%.

7. Since the petitioner had passed the written test and after qualifying in the same, she was called for counselling for admission in the College where she could pursue her studies. At the time of counselling, she was subjected to medical examination by the Counselling Authority in which she was found unfit for admission by putting the endorsement on the examination slip as unfit and that she is suffering from disability of lower trunk.

8. This endorsement is dated 20th July, 2007.

9. As a result of the aforesaid, the writ petitioner was not allowed to take admission.

10. It appears that during the course of hearing, learned counsel for the writ petitioner had disputed the opinion of the experts, who had examined her during counselling and requested that this Court may consider verification of her disability by any other experts.

11. This submission of the learned counsel for the writ petitioner found favour with the learned Single Judge, and the Court directed that the petitioner be examined by the Head of the Department of Orthopaedic Surgery, P.M.C.H, Patna, who shall certify as to whether petitioner is also suffering from disability of upper limbs (lower trunk) or she is suffering only from locomotory disability of lower limbs to the extent of 50 per cent, and above. If it is so certified, then she may be admitted to medical course, even if it results in removing the last person admitted to medical course under quota reserved for physically handicapped.

12. We find that in compliance of the Courts order, writ petitioner was examined by two senior doctors of the Department of Orthopaedic Surgery, P.M.C.H, Patna including Head of Department on 14.9.2007, who reported that she has disability of lower limbs only and no disability of upper limbs (lower trunk) was found. The report dated 14.9.2007 reads as under:

"She is a patient of post polio has defects of lower limb and walks with Elbow crutch. She had a disability certificate No. 471 dated 15.6.2006, issued by Civil Surgeon, Nalanda. Examination upper limbGrip strength good (Powers-5). ObservationNo deformity is visible in her upper limbs. She can bear her body weight on crutches effortlessly. She can efficiently do all her daily activities normally with her upper limbs. Muscle power of fin