This petition sought quashing of admission cancellation due to alleged understatement of disability. The court held the appellate medical board's finding was final and the subsequent delayed certificate was inadmissible, rendering the petition infructuous due to efflux of time post-administrative session.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No. 10660 of 2015
Due to cease work call given by Orissa High Court Bar Association, none appears for the parties. Perused the record.
The petitioner has filed this application seeking to quash the cancellation of his admission vide office order dated 22.05.2015 under Annexure-5 and further seeks for a direction to the opposite parties to complete his B.Ed. course 2014-15 as per its schedule.
The petitioner has pleaded in the writ petition that pursuant to advertisement dated 20.05.2014 for admission into various teacher training courses like, D.El.Ed., B.Ed., BH.Ed., M.Ed. and M.Phil., the petitioner submitted his application for admission into the B.Ed. course for the session 2014-15 under physically handicapped-hearing impaired (PH-HI) category. He was selected on the basis of qualifying entrance test as well as documentary proof regarding his disability issued by the concerned CDMO and, as such, he was provisionally admitted into College of Teacher Education, Bhawanipatna, Kalahandi. Subsequently, the Director, TE & SCERT issued a letter on 28.11.2014 directing the Principal of all the institute of advanced studies, college of teacher education and training colleges of the state to refer the physically handicapped candidates, who had taken admission in their institutes to the appellate medical board for verification of authenticity of their disability certificates. In compliance of the same, the
2
petitioner appeared before the appellate medical board and it was found that the actual percentage of disability was less than the required one. Therefore, it was found that the percentage of disability was below the minimum requirement fixed by the authority. Thereby, the continuance of the petitioner in B.Ed. course-2014-15 under PH category was cancelled. But subsequently the petitioner received a certificate from the Capital Hospital, Bhubaneswar wherein the percentage of disability has been determined as 53%. But, by the time the same was produced, his admission has already been cancelled. Hence this application. Pursuant to notice issued by this Court, the opposite parties have entered appearance and filed counter affidavit wherein it has been stated that the petitioner had applied for admission into the B.Ed. course-2014-15 under physically handicapped-hearing impaired (PH-HI) category and he has been directed to appear before the appellate medical board pursuant to the order passed by the Director, TE & SCERT communicated to the authority on 28.11.2014. Consequentially, the petitioner appeared before the appellate medical board, who found that the disability of the petitioner is less than the required one, thereby his admission was cancelled. But, subsequently when the petitioner obtained a certificate from the Capital Hospital, Bhubaneswar, the same was not taken into consideration. The reasons for non-acceptance of such certificate issued by the Capital Hospital, Bhubaneswar is because the appellate
3
medical board having found the percentage is less than the required one and report of such appellate medical board is being final, the action is fully and wholly justified.
Considering the pleadings available on record, there is no dispute with regard to the factual matrix of the case in hand. But only question remains as to whether after admission into the course, the authority can send the petitioner to the appellate medical board for medical examination or not.
It appears that though the candidates like that of the petitioner produced the certificate before the authority indicating his disability and pursuant to which they have been selected and admitted to the course but subsequently it was found that the disability pointed out by the petitioner through the certificate granted by the competent authority is not upto the required standard. Therefore, the Director, TE & SCERT, who is competent authority issued a circular to all the institutes directing them to present the physically handicapped persons before the appellate medical board for examination and authenticity of their documents placed for consideration for admission. The appellate medical board on examination found that the certificates issued by the authority sometimes are not correct. Therefore, by producing such erroneous certificate if somebody take admission, in that case, the admission has to be cancelled. By following the same, so far it relates to the petitioner, since the petitioner’s disability relates to hearing impaired, the appellate medical board has examined the same and
4
found that the petitioner was not suffered required hearing impairment, cancelled the same. But, subsequently procurement of the certificate at a higher side, i.e., Capital Hospital, Bhubaneswar cannot be taken into consideration because the appellate medical board after examining the petitioner has given the certificate in compliance to the communication made by the Director. As such, the academic session 2014-15 has already been over long since, thereby with efflux of time, the writ petition has become infructuous. Even though counter affidavit has been filed by the opposite parties on 06.07.2015 and copy of which has been served on learned counsel for the petitioner, till date no rejoinder affidavit has been filed to controvert the contention in the counter affidavit.
Needless to say that since the petitioner has continued by virtue of the interim order passed by this Court and complete his course and in the meantime if he has appeared in the examination and passed the same, in the interest of justice, equity and fairplay, cancellation of his physically handicapped certificate shall not be effected pursuant to the certificate issued by the appellate medical board.
The writ petition is accordingly disposed of.
Issue urgent certified copy as per rules.
Ashok
…………….…………… (DR. B.R. SARANGI) JUDGE
5
3 issues framed by the court
Whether the authority can invalidate admission granted based on disability certificate after discovery that the disability falls below the required percentage.
Whether a subsequent disability certificate produced after cancellation of admission should be accepted given the delay and intervention of the appellate medical board.
Whether the writ petition is maintainable given the delay in producing the subsequent certificate after the academic session ended.
Petitioner
Director, TE & SCERT and others
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
