Excelsior Correspondent
Srinagar, Dec 17: High Court in a significant judgment has held that temporary disability of a person cannot be considered for professional courses under the category of reservation for permanent disability and dismissed the plea of candidates seeking admission in professional courses under bench mark disability category.
The petitioners-aggrieved candidates before the court claimed to have participated in NEET UG Examination 2024, the result whereof was declared on 26th July, 2024.
The J&K Board of Professional Entrance Examinations (BOPEE) vide Notification No.78-BOPEE of 2024 dated 18.08.2024, notified the schedule for online registration by the eligible candidates to register themselves and upload their documents on the official website of the BOPEE for verification and updation of their category status. The petitioners claim that their Union Territory rank is 3739, 4140, 4397, 4323 and 4343 respectively.
Their grievance was that on checking the online status of their application forms, it was found that their claim to be considered under the category of physically challenged persons stood rejected on the ground that their disability as indicated in the certificates uploaded was temporary and not permanent.
The Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri said that the purpose and object of providing reservation to the physically challenged persons for admission in professional institutions is to provide such persons equal chances of participation in society with others and a disability Temporary duration which has the chances of variation in degree in immediate future may not come within the definition of a person with benchmark disability.
“This benefit is given to an individual who has to carry the weight of disability through his entire life and the one who would be deprived of equal chances of participation in society. The purpose and object of providing reservation, concessions and other facilities to the persons with disabilities would not be achieved if the benefit is given to the persons afflicted with temporary disabilities which are likely to dissipate or reduce in degree with passage of time or with appropriate treatment”, DB recorded.
The court further added that a person with temporary disablement also does not carry a stigma as is carried by a person suffering with permanent disability and if the benefit of reservation is held available even to the persons with temporary affliction of disability, not only the purpose and object of legislation would be defeated but also the benefit would be availed by the persons with such temporary afflictions at the cost of those who have suffered and are suffering permanent disablement with stigma in their life.
“In the absence of any guidelines on the issue, it would be difficult for us to say as to how long a long-term disablement. We can only say that if the disability suffered by a person which meets the benchmark requirement of 40% is likely to subsist for more than ten years, it must be taken as long term disablement and cannot be termed as temporary disablement so as to exclude such persons from the benefit of reservation”, Court said.
The bench concluded that none of the petitioner-candidates can be said to be the persons with benchmark disability, in that, they neither suffer from permanent disability nor their disability certified by the Medical Authority is a long-term disability so as to qualify the petitioners to be the persons with benchmark disability.
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