JUDGMENT :

Sheel Nagu, CJ. ( Oral)

The petitioner is seeking admission to Veterinary and Livestock Development Diploma (VLDD) course in Lala Lajpat Rai University of Vaterinary and Animal Science, Hisar (respondent No.l) under the category of Persons with Disability.

2. This Court, while taking cognizance, was apprised of recent decision of the Apex Court rendered in Omkar Ramchandra Gond Vs. The Union of India and others, 2024 SCC OnLine SC 2860 (Civil Appeal No. 10611 of 2011 decided on 15.10.2024), which inter alia in paragraphs 53 concluded thus :

"53. For the reasons set out hereinabove,

3. In view of directions issued by the Apex Court in paragraph 53 of the judgment in Omkar Ramchandra Gond's case (supra), wherein the admitted factual scenario is of absence of any Appellate Body for reviewing the decision of the Medical Board, this Court vide order dated 17.12.2024 directed the Medical Superintendent, PGIMER, Chandigarh, to constitute a Board of Doctors to give opinion as regards physical fitness of the petitioner.

4. Accordingly, the opinion dated 31.12.2024 given by the Medical Board of PGIMER, Chandigarh, has been produced in sealed cover, which is taken on record as Mark 'X'.

5. The opinion given by the Medical Board of PGIMER, Chandigarh, is to the following extent:

"In pursuance of the orders received from Hon'ble Punjab and Haryana High Court, Chandigarh for medical examination in case No. CWP-33681-2024 in case titled as Gagan Uppal Vs. Lala Lajpat Rai University of veterinary and Anil Science Hisar through its registrar and Anr., a Medical Board of the following doctors was constituted vide letter no. EV (9) PGI-MS/MA-63/2024 dated 27.12.2024.

In this regard, the patient was called by Medical Board members on 31.12.2024, at 9.00 AM in the psychiatry OPD for the evaluation. Patient was accompanied with maternal uncle, his detailed assessment was done which included history taking regarding his mental illness and detailed mental status examination. Assessment of intelligent quotient was also done. He was obsessive compulsive disorder with Bi-polar affective disorder. He is receiving regular treatment for these ailments and currently maintaining well. His intelligent quotient is 91 (Average). After final assessment, the medical board is of the opinion that Mr. Gagan Uppal s/o Kashmiri Lal is fit to join the said course. "

6. In view of above, it has been opined by the Medical Board of PGIMER, Chandigarh, that the petitioner is fit to join the course.

7. In view of the aforesaid medical opinion of the expert body, this Court is left with no option but to allow this petition in the following terms :

(i) This Court has already directed vide an interim order dated 17.12.2024 that any admission made against the seat allotted to the petitioner will be subject to outcome of the petition and the concerned Medical College and Hospital shall inform the candidate, who is admitted against the said seat allotted to the petitioner, about passing of the order. Learned counsel for the respondents has produced Admission Order dated 30.12.2024, whereby Shri Manjeet was provisionally admitted to VLDD (Veterinary and Livestock Development Diploma) prgoramme at IPVS, LUVAS, for academic session 2024-25. However, it was made clear that his admission was subject to final outcome of this petition. The Admission Order dated 30.12.2024 is taken on record as Mark 'Y'. In this backdrop of the factual position, this Court directs that the petitioner be granted admission in the said course, by cancelling admission of Shri Manjeet, and in view of the Admission Order dated 30.12.2024, this Court does not find it appropriate to issue separate notice to Shri Manjeet before ousting him from the seat allotted to him.