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1999 Supreme(Gau) 298

J.N.SARMA
Binita Senapati – Appellant
Versus
State of Assam and others – Respondent


Advocates Appeared:
H. Rahman and N. Baruah, Govt. Advocate, Assam, N. M. Lahiri, Amicus Curiae and N. Choudhury

Judgement

This writ application has been filed by a person who is handicapped. She is suffering from shortening of the right lower limb with moderate stiffness of the right hip. Her percentage of disability is 45% as certified by the authority of Guwahati Medical College. Annexure-I and IA are the documents in support of her plea of disability.

2. The petitioner herein passed the Higher Secondary (Science) Examination from Cotton College, Guwahati. The petitioner applied for admission to the M.B.B.S. Course in the three Medical Colleges in the State of Assam under the Director of Medical Education, Assam. The petitioner claims that she is entitled to reservation of at least 3% of seats for disabled person for admission to the M.B.B.S. course in Medical Colleges of the State of Assam as per Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. That reservation was denied to her and hence this writ application.

3. There is a set of Rules for admission to the Medical Colleges of Assam and these Rules are known as Medical College of Assam and Regional Dental College (Regulation of Admission of Under-Graduate Students) Ru





























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