It looks that the controversy on I I T selection procedure would not be settled so early as a new legal discussion has been started by the rejection of Amit Kumar a resident of Sitamarhi Bihar on the ground of rejection of disability certificate issued by darbhanga medical college and hospital, Darbhanga Bihar. A 17 year old Amit did not thought about the trauma he is facing by rejection of his candidature by I I T Delhi on illegal ground. The certificate of amit kumar is showing that he is 40% disable i.e. exact percentage required to obtain the benefit of disability under disability act. The board constituted by I I T Delhi is showing 18% disability even he has been communicated orally at the time of rejection that he is 24% disabled as per panel by some of the prominent doctors of AIMS including director AIMS who is an E NT specialist and in fact only one member HOD Orthopedic department A I I MS was expert for orthopedic. I I T Delhi is challenging the authority of D M C H to issue the certificate for disability but in fact I I T is not appropriate government under disability act hence can't constitute the board legally as only appropriate government can notify a board eligible to issue the disability certificate.
As per D M C H is concerned it is competent to issue disability certificate under Bihar Disability Rule 2004 as the Govt of Bihar is an appropriate government under disability act having jurisdiction to notify the authority to issue disability certificate. It is categorically mentioned in rule 4 first proviso that all the medical college hospitals are entitled to issue disability certificate under disability act and undoubtedly Darbhanga medical college and hospital is a prominent medical college of Bihar hence the D M C H has legally issued the Disability Certificate.
A division bench of Delhi High court had already ruled that it is not open to the institutes to form a board to decide the disability of a student as it will nullify the rule 4 of disability rule. Disability certificate issue by the appropriate medical authority mentioned under disability act and the disable candidate is not subject to any test before a board constituted by the I I T which is bad in law as I I T has no authority to constitute a board. It is correct that the members of I I T constituted board are prominent personalities but whether being prominent allow to work beyond jurisdiction.
As per D M C H is concerned it is competent to issue disability certificate under Bihar Disability Rule 2004 as the Govt of Bihar is an appropriate government under disability act having jurisdiction to notify the authority to issue disability certificate. It is categorically mentioned in rule 4 first proviso that all the medical college hospitals are entitled to issue disability certificate under disability act and undoubtedly Darbhanga medical college and hospital is a prominent medical college of Bihar hence the D M C H has legally issued the Disability Certificate.
A division bench of Delhi High court had already ruled that it is not open to the institutes to form a board to decide the disability of a student as it will nullify the rule 4 of disability rule. Disability certificate issue by the appropriate medical authority mentioned under disability act and the disable candidate is not subject to any test before a board constituted by the I I T which is bad in law as I I T has no authority to constitute a board. It is correct that the members of I I T constituted board are prominent personalities but whether being prominent allow to work beyond jurisdiction.
sir mera handicap schertificate nahi mil rahe ha
ReplyDelete