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2010 Supreme(All) 3107

F. I. REBELLO, A. P. SAHI
RAVINDRA KUMAR SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shashi Nandan and Abhishek Srivastava for the Appellants; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The appellants claim that they belong to the Physically Handicapped Category of candidates, and are duly selected for being admitted to the Special B.T.C. Training Course of the years 2007 and 2008 respectively. They contend that they had been selected in their respective categories upon having fulfilled all necessary formalities including the submission of the Physical Disability Certificates, which were duly verified by an authorized Medical Board under the Persons With Disabilities Rules, 1996 (hereinafter referred to as ‘’the Rules, 1996').

2. The appellant-petitioners, in the writ petition giving rise to this appeal, challenged a communication dated 15th of July, 2010 of the Director, State Council for Education Research and Training pursuant to a Government Order dated 3rd November, 2009, which makes a provision for the constitution of fresh Medical Board in order to verify and assess the disability of the appellants afresh. The ground taken is that the Persons With Disabilities Rules, 1996 envisages the issuance of disability certificates by a Medical Board to be constituted by the State Government, which had already been done and the appellants, theref












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