Master Chetan Rajkumar Doshi through His Guardian Shri Rajkumar M. Doshi Vs 1. the State of Maharashtra through the Director, Medical Education and Reasearch and 3 Ors.

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8524.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.8524 OF 2012

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Master Chetan Rajkumar Doshi (through her guardian Shri Rajkumar Manilal Doshi) ...Petitioner v/s. State of Maharashtra & ors. ...Respondents

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Mr.S.N.Deshpande with Ms.S.P.Munshi for the petitioner. Mr.Ritesh Ratnam i/b Ganesh K.Gole for Respondent No.3. Mr.Prashant Darandale, Asst. G.P. for Respondents Nos.1 & 2.

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CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 7 September 2012.

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P.C.

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The petitioner has challenged the decision of the respondent No.1-authority considering the petitioner not eligible for admission to the first M.B.B.S. Course reserved for physically handicapped category.

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The Special Medical Board for physically handicapped has certified that the petitioner is having `Bilateral congenital Madelung's Deformity'. The petitioner is found to be having 72% disability in upper limb. The learned counsel for the petitioner, however, relies on the certificate of private orthopedics surgeon and submits that the petitioner is capable of pursuing the medical course.

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However, the Special Medical Board for physically handicapped has certified that the petitioner is unfit for Health Science courses. Learned AGP states that the petitioner's deformity is found to be progressive and therefore also there is no scope for any improvement in future.

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Having heard the learned counsel for parties and having gone through the material on record and also having seen the petitioner, we are not in a position to find fault with the assessment made by the Special Medical Board. The petition is, therefore, summarily dismissed.

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CHIEF JUSTICE

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(N.M. JAMDAR, J.)

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Master Chetan Rajkumar Doshi through His Guardian Shri Rajkumar M. Doshi v. 1. the State of Maharashtra through the Director, Medical Education and Reasearch and 3 Ors.

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Master Chetan Rajkumar Doshi through His Guardian Shri Rajkumar M. Doshi v. 1. the State of Maharashtra through the Director, Medical Education and Reasearch and 3 Ors.

Case brief

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What the court decided

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