Case Details

Citation(s)
2013 SLG 1298 2013 SLD 1298 2013 MLD 805
High Court (AJ&K)
W.P. Nos. 2436 and 2438 of 2012, decision Dated: 28-01-2013.
MUNIR AHMED CHAUDHARY, JUSTICE
Sadaqat Hussain Raja for Petitioners. Sardar Shahid Hameed for
Respondents.

HUMA KALEEM AND ANOTHERS

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND 3 OTHERS

Law: Disabled Persons (Employment and Rehabilitation) Ordinance, 1981

Section: 2

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Disabled Persons (Employment and Rehabilitation) Ordinance (XL of 1981)--- ----S.2---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Educational Institution---Medical College---Admission against seats reserved for disabled persons---Lateral four digits of left foot of first petitioner amputated during earthquake 2005, while left hand little finger of second petitioner amputated as result of crush injury---Cancellation of provisional admission of both petitioners on basis of recommendation of Medical Board for disabled persons---Validity---According to report of the Board, first petitioner could walk normally, thus, she did not fulfil criteria for disability to be considered for such admission while second petitioner was right handed, thus, her left hand injury would not impede her from daily routine work, thus, she did not fulfil criteria for disability to be considered for the admission---Medical Board had relied upon Civil Pension Rules defining classification of degrees of disability, thus, same were relevant and applicable---Medical Board was a proper forum to declare category of disability of petitioners, which was its prerogative to declare the sames had no locus standi to file writ petitions---High Court dismissed the petitions in circumstances. THIS ORDER PASSED BY: MUNIR AHMED CHAUDHARY, JUSTICE:---.--- The supra titled both the writ petitions have been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. Same proposition has to be resolved through the instant writ petitions. So, these are disposed of through a single judgment. 2. Huma Kaleem, the petitioner of W.P. No.2436 of 2012 stated in her petition that Joint Admission Committee for Medical Colleges invited applications for admission in Medical Colleges of Azad Jammu and Kashmir and Pakistan. The petitioner applied for admission and was placed at Serial No. 224 in the merit list. 249 seats were available for admission in different colleges of Azad Jammu and Kashmir and Pakistan. The petitioner is disabled as her four fingers of the left foot have been amputated during the earthquake disaster of 2005. The petitioner was…
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