Orissa HC quashes revised merit list for MBBS-BDS admission that puts disabled applicant from 5th to 33rd position.

Court:  High Court of Orissa at Cuttack

Bench: Dr. Justice B.R. Sarangi, and  Mr. Justice G. Satapathy, Justice

Case No. W.P (C) No. 28438 of 2022

Caste Title: Abhisek Bhabani Panda Vs.  State of Odisha and others

Date of Judgemement: 02.11.2022 

Case Brief:

A bench of Orissa high court quashed the revised merit list published by Odisha Joint Entrance Examination (OJEE) for admission into MBBS-BDS courses saying that it can't be changed unilaterally because a right has already been accrued in favour of the candidates whose name finds a place in the final merit list.

"It is well settled in law that once the rule of the game is started, the same cannot be changed at the midst," observed the two-judge bench of Justice B R Sarangi and Justice Gourishankar Satapathy. The October 19 revised merit list was published while counselling was on after the final list was out on October 18, 2022.

The petitioner whose name found mention in 5th place in the Disability category in the final merit list, had filed a petition seeking intervention against the revised list that had put his name in 33rd position, as it reduced his chances of getting admission in a government college. 

The bench said the merit list should not have been revised causing problem for candidates. "Needless to say, the final merit list was published by the authorities in consonance with the law and pursuant to the advertisement issued by them as well as the prospectus provided for. But in the name of subsequent change of law, publication of the revised merit list in the midst itself causes great prejudice to the candidates, who had already been selected," the bench observed in the order.

"This court is of the considered view that the revised final state merit list for MBBS/BDS admission 2022-23 (after the 1st round) of OJEE-2022, dated 19.10.2022, cannot sustain in the eye of law and the same is liable to be quashed and is hereby quashed." ruled the bench.

It further ruled, "As such, the final merit list prepared by the authority vide Annexure-5 dated 18.10.2022 stands as it is, so far as physically challenged category is concerned. The opposite party nos.2 and 3 are directed to extend the benefit admissible to the physically challenged category candiates, in terms of the final State merit list published for MBBS/BDS admission 2022-23(After the 1st round) of the Odisha Joint Entrance Examination (OJEE-2022) under Annexure-5 dated 18.10.2022. As the counselling is going to expire on 04.11.2022, the petitioner shall be given opportunity to participate in the counselling.

Read the order/judgement here:

Chhattisgarh HC directs the PSC Raipur to appoint Visually Impaired Candidate who was denied appointment despite her merit position as the assistant did not mark her Physically Disabled in the form.

Court: Chhattisgarh High Court, Raipur

Bench: Justice Narendra Kumar Vyas

Case No.:  WP(S) 4572 of 2020

Case Title: Bhojkumari Patel Vs. Chhattishgarh Public Service Commission Raipur

Brief

The Chhattisgarh high court has allowed a writ petition, filed by a 26-year-old visually impaired girl, Ms. Bhojkumari Patel and directed the state public service commission (PSC) to issue a selection list so that the higher education department can appoint her assistant professor of political science in the ‘blind’ category. 

The bench ordered the PSC to complete the process within 15 days of receiving the order, and the higher education department to issue an appointment order to petitioner within a month. It is not in dispute that the petitioner is 90% blind, the court said, adding that she fulfils all the criteria for the appointment and even “stood in the merit position” in the exam for assistant professor (blind category), yet her appointment has been denied.

The court said the inaction of the PSC in issuing an appointment order to a person with a disability goes against the aims and object of Rights of Persons with Disabilities Act, 2016.

Bhojkumari Patel shared that she had to fight a legal battle for one and a half years to get justice because of an inadvertent error when she took assistance at a cybercafé to fill her application. She is hopeful of getting her  appointment order by December 2022.

The PSC had issued an advertisement on August 23, 2019, for appointments to the post of assistant professor. Patel has a masters’ in political science and cleared NET. Her blindness certificate was issued by Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS-Delhi.

Being 90% blind, she was allowed the assistance of scribes to write the examination. She secured the highest mark in her category and was selected for the interview phase. She was shocked when she didn’t find her name on the list of selected candidates. 

On inquiring, she found that the person who helped fill her application had clicked ‘no’ in the column for ‘physical disability’. Therefore, she was not selected. She then submitted an application with the PSC on June 21, 2021, for rectification of the mistake, but it was not considered, her counsel submitted in court, pointing out that her admit card clearly said she was 90% visually impaired. The court passed an interim order on July 5, 2021, for reserving one post in the physically handicapped (blind) OBC female category. 

During the pendency of the petition, the state sanctioned six supernumerary posts in the blind category on November 30, 2021, in which two were for political science. The state had asked the PSC to send the selection list against these posts, but it had not considered the case of the petitioner. 

Patel’s counsel argued that scribes are provided only when a person is more than 40% disabled, and here the petitioner is 90% blind, which has been certified by the government doctor

On Kerala SCPD's directions, Kerala University decides to permit 100% visually impaired to pursue Science Course

The Academic Council of Kerala University on 16 Sep 2022 has taken a decision to permit 100% visually impaired student to pursue BSc Physics course after an applicant, who had scored 100% marks in the higher secondary examination, was unable to submit her online application for admission and she had to subsequently petition the State Commissioner for Persons with Disabilities. The SCPD issued an order under provisions of the Rights of Persons with Disabilities Act, 2016 directing the Kerala University to do the needful. 

Before the current decision of the academic council, the undergraduate (UG) prospectus of the university has thus far permitted admissions for only visually impaired candidates with less than 40% disability to Science subjects which is contrary to the provisions of the RPWD Act. 

The council factored in various impediments during the discussion, including the low availability of Physics texts in Braille and prominence of practical work in Science subjects. It was decided to extend assistance, including the provision of scribes for regular practical work and examination in laboratories. The number of experiments will also be reduced to one-third of the total that must be completed by a regular student.

It is hoped that this decision will enable more disabled aspirants to pursue higher education, particularly in Science and Mathematics in Kerala University. More Higher Education Institutes need to change their admission norms not to restrict students from admitting in the courses on the basis of their disability. On the contrary, the HEIs should focus on providing reasonable accommodations to applicants and creating a mechanism for such aspiring students to approach the HEI seeking such accommodations. 

The HEIs have to be cautious that they do not lower the course contents but enhance the support systems and better assistive technology solutions. This would be in line with the Accessibility Guidelines and Standards for Higher Education Institutions and Universities June 2022 issued by the University Grants Commission, Ministry of Education, Govt. of India under the Rights of Persons with Disabilities Act 2016.

Related Source: The Hindu

Delhi HC asks Indian Railways to ensure Free of Charge Human Assistance and Wheelchairs for Travelers with Disabilities on the lines of Delhi Metro

Court: Delhi High Court

Bench:  Hon'ble Satish Chandra Sharma, CJ and  Hon'ble Subramonium Prasad, J. 

Case No. : W.P.(C) 5666/2017

Case Title: Court on its Own Motion Vs. Union of India & Ors 

Date of Order: 16.09.2022

Brief.

The Delhi High Court has asked the Indian Railways to make all possible endeavours to ensure free of charge human assistance and wheelchair are provided to people with disabilitis at its stations on the lines of Delhi Metro. 

"The respondent shall also make all possible endeavours to ensure that free of charge human assistance and wheelchair is provided to differently abled persons", said the bench.

The bench headed by Chief Justice Satish Chandra Sharma sought a fresh status report from the authorities with regard to an earlier order on reserving some lower berths for persons with disabilities as well as giving free assistance to them, and said such facilities should at least be provided at the busy stations.

Noting that these facilities are being provided by the Delhi Metro as well, the court added the state-run transport behemoth shall certainly make all endeavours to make these available at maximum number of railway stations. It is not a big deal, at least in busy railway stations. At least in the four metros and class A cities it can be provided, the court said.

The order was passed on a PIL initiated by the high court onits own motion in July 2017 after after coming across a news report that the door of a special compartment for the disabled in the Gorakhdham Express was shut, with the result that the visually-impaired man missed his M.Phil entrance exam as he could not board a reserved compartment since it was locked from inside. 

Senior advocate S K Rungta, who has been appearing as amicus curiae (friend of the court) in the matter, told the bench that at this stage not much was required by way of attachment of coaches and reservation of seats for the differently abled but providing free escort and wheelchair was still an issue.

Mincing no words, the court had said it was shocked over complete apathy of the Railways in treating its physically challenged passengers by placing the compartments for the disabled at end of the trains and providing little or no help for access. The court had also said it will explore the possibility of compensation for the youth "who has undergone so much trauma for the callous disregard of his rights."

The matter has been adjourned to 07 December 2022.

Read the Order embeded below:-

Punjab and Haryana HC- Insulting a spouse for his physical disability amounts to mental cruelty for the purpose of seeking divorce

Court:  Punjab and Haryana high court at Chandigarh

Bench:  Justice Ritu Bahri and Justice Nidhi Gupta

Case No(s): FAO-M-190 of 2010 (O&M) and FAO No. 3554 of 2016

Case Title: Karamjit Singh Vs. Davinder Kaur

Date of Judgement:  13 September 2022

Act /Law: Matrimonial Dispute/ Divorce matter under section 10,11,12,13,13A & 13B OF Hindu Marriage Act

Brief Synopsis

Mocking and insulting spouse for disability amounts to mental cruelty and the affected party can be granted divorce on this ground, as per the recentl judgement of Punjab and Haryana High Court at Chandigarh.

The high court passed the order while allowing an appeal filed by a man whose wife tauntingly called him, a “lula-langra” (a derogatory term used for a physically-challenged person) in front of his family and friends.“There is sufficient evidence on record in form of the above-mentioned testimonies where it is established that the respondent ill-treated the appellant for his handicap. 

"Taunting a person for his handicap constitutes the most inhumane kind of cruelty ,” the bench held,  while allowing an appeal filed by a man from Punjab's Hoshiarpur district against the order dated April 21, 2010, passed by the Hoshiarpur family court, whereby his petition seeking divorce from his wife was dismissed.

The couple was married in March 2004 at Nakodar as per Sikh rites and they had one son later. The appellant husband was disabled as a result of polio during childhood. After around 8-10 days of marriage, his wife started insulting him, mocking him publicly for his physical disability, and tauntingly called him 'lula-langra' in front of his family and friends. She even used to snatch his crutches and physically throw him on the ground in the presence of his friends and relatives. 

As such, the appellant was undergoing tremendous mental agony and trauma, as well as physical abuse. In September 2004, she left the appellant's company and started living with her family. Even their son was born at his in-laws' house. According to the appellant, he tried his best to bring her back, but she never returned. Finally, in 2008, he filed a divorce petition before the family court, which was dismissed. 

In his appeal against the family court's decision, the appellant-husband argued that the lower court had committed a grave error in overlooking the testimonies of these above said witnesses wherein each of them categorically deposed that the respondent used to insult him in their presence and use derogatory words and taunts against him, as well as physically manhandled him and made him a laughing stock due to his physical disability which resulted in mental cruelty to him. The appellant's wife, however, denied all the allegations.

After hearing all the parties the bench observed that it is not in dispute that the parties have been living separately since 2005. Thus, it is a dead marriage for all intents and purposes. Admittedly, all mediation attempts between the parties have failed. Therefore, this marriage is a mere legal fiction surviving only on paper.

The bench also observed that the family court order is silent over the fact that the wife had not just taunted the appellant for his physical handicap, but also pushed him around and threw him on the ground by pulling away his crutches.

"Accordingly, the findings of the Hoshiarpur court in this regard are held to be erroneous and contrary to the evidence on record, and are as such, reversed," observed the HC while granting divorce. The bench, however, has ordered the man to pay an amount of Rs 25 lakh to his wife as a full and final settlement for her and their son's maintenance.

Read the embedded order below: