STATE TIMES NEWS
JAMMU: The Jammu and Kashmir High Court (HC) Double Bench comprised of Justice Alok Aradhe and Justice B.S Walia in their judgment dated 26th October, 2016 in the case of LPAOW No 43/2016, MP No 1/2016 have directed that the petitioner shall be considered on the basis of inter-se-merit of the candidates belonging to physically handicapped category.
According to the case the petitioner Shivangi Sharma, daughter of Inderjit Sharma, a physically challenged person, moved the High Court against denial of admission by Jammu University to undergo the Master’s Degree in Sociology against reserved seat. The High Court (Single Bench) in its judgment directed the respondents to consider the claim of the petitioner against the reserved seat to undergo the Master’s Degree in Sociology.
The Vice Chancellor, University of Jammu appealed against the said judgment in the Double Bench of High Court claiming that no such direction could have been issued to the appellants to consider the case of respondent by granting her relaxation in rules because there is no such provision for relaxation of rules so far as the candidates belonging to physically challenged categories are concerned.
The High Court Double Bench after hearing counsels for both the sides held that the candidate who belongs to physically handicapped category cannot be equated with candidates belonging to General Category candidates. The bench directed that the case of petitioner shall be considered on the basis of inter-se-merit of the candidates belonging to physically handicapped category.
