Munir Ahmed Chaudhary, J.--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 Writ Petition No. 2436/2012 stated in her petition that Joint Admission Committee for Medical Colleges invited applications for admission in Medical Colleges of Azad Jammu and Kasloom and Pakistan. The petitioner applied for admission and was placed 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 the left foot have been amputated during the earthquake disaster 2005. The petitioner was admitted provisionally by the respondents AJ&K Medical College Muzaffarabad and she deposited admission.
The petitioner joined classes and studied for three (03) days while she was informed through a letter dated 1312.2012 that her admission was cancelled on the recommendation of Medical Board of Sheikh Khalifa Bin Zayed-al-Nahyan Hospital (CMH) Muzaffarabad. Her admission was cancelled on 13.12.2012 by the college authorities. The recommendation made by the Medical Board and cancellation of admission are against the law and fundamental rights of the petitioner, which are liable to be set-aside. The petitioner prayed the same in her writ petition.
3. Afeera Zara Naz, the petitioner of Writ Petition No. 2438/2012 stated the same facts stating further that she was disabled as her small finger of left hand was amputated. The petitioner was admitted provisionally in Medical College Sawat. Her admission was cancelled on the recommendation of Medical Board of Sheikh Khalifa Bin Zayed-al-Nahyan Hospital (CMH) Muzaffarabad vide letter dated 13.12.2012. The said letter was against the law and fundamental rights of the petitioner and was liable to be set-aside. The petitioner prayed to issue a writ declaring the letter dated 13.12.2012 issued by Medical Board as against the law and fundamental rights of the petitioner.
4. The respondents submitted objections and both the writ petitions were admitted for regular hearing. Objections were treated as written statement on the request of the learned counsel for the respondents. It was stated in the written statement that both the petitioners accepted terms and conditions of the advertisement submitting their applications for nominations against reserved seats for disable candidates. So, the writ petitions are liable to be dismissed in view of the dictum of acquiescence and contradictory stand. The petitioners are not aggrieved persons because they don't fulfill the required category of disability. The requirements of Rule 32(2) of High Court Procedure Rules have not been fulfilled. It was further stated that a Medical Board has declared that both the petitioners are not disabled and are not eligible to get admission being disable persons. So, their provisional admissions were recalled rightly. Both the petitioners have appended certificates of disability, which were issued by irrelevant authorities. The petitioners don't fall in the relevant degree of classification of disability. So, they cannot claim admission against observed seats for disable persons. It was prayed to dismiss both the writ petitions.
5. 5.Arguments were advanced by the learned counsel for the reties. Mr. Sadaqat Hussain Raja Advocate, the learned counsel for the stationers argued that once a candidate is admitted, the concerned authorities cannot cancel the sand: The petitioners have appended certificates by different relevant institutions regarding their disability. The authority did not consider those certificates and referred the matter to Medical Board of Sheikh Khalifa Bin Zayed-al-Nahyan Hospital (CMH) Muzaffarabad. The said Medical Board relied upon Classification of Disability, Civil Pension Rules, which are not applicable to the present matter. The learned counsel requested to accept the writ petitions.
6. While controverting the learned counsel for the petitioners, Sardar Shahid Hameed Advocate, the learned counsel for the respondents contended that the petitioners were admitted provisionally subject to verification of disability by the competent authority, which was Medical Board of Sheikh Khalifa Bin Zayed-al-Nahyan Hospital (CMH) Muzaffarabad. The said Medical Board considered cases of nine (09) candidates for admission in Medical Colleges on the basis of disability. The board declared seven (07) students competent to get admission on the basis of disability except the present petitioners. The board declared that the present petitioners were not disable for the purpose of getting admission in the Medical colleges. It was also declared that the petitioners do not fulfill the criteria for disability. Considering the said certificates; the concerned authority cancelled the provisional admissions of the petitioners. The petitioners have got no locus standi to file the instant writ petitions. The learned counsel requested to dismiss the petitions.
7. After hearing the arguments advanced by the learned counsel for the parties; we have gone through the record carefully and minutely. The record reveals that the petitioner Huma Kaleem applied to get admission in MBBS course before Joint Admission Committee of Azad Jammu and Kashmir Government on the basis of disability. The petitioner was given admission provisionally against reserved seats for disables in AJ&K Medical College Muzaffarabad subject to recommendation of Medical Board. The petitioner Huma Kaleem appended certificates of disability, one issued by D.H.Q Hospital Bagh and second issued by National Council for the Rehabilitation of Disabled Persons. The record also reveals that nine (09) cases of disability of candidates were sent to Medical Board of Sheikh Khalifa Bin Zayed-alNahyan Hospital (CMH)
Muzaffarabad by the Joint Admission Committee. The said Medical Board declared seven (07) candidates as disable for the purpose of getting admission in Medical Colleges except the present petitioners Huma Kaleem and Afeera Zara Naz. It was declared by the board regarding the petitioner Hume Kaleem as under: "CONDUCTION OF MEDICAL BOARD FOR DISABLE STUDENTS.
Miss Huma Kaleem D/o Muhammad Kaleem R/o Village Kotera Mast Khan Tehsil and District Bagh.
Your Letter No. 3263-64 dated: 3rd December, 2012.
A case of traumatic amputation lateral 'four digits (Lt) foot during earthquake 2005. She can walk normally.
Board is of opinion that this candidate' does not fulfill the criteria for disability to be considered for admission in medical college as per annexure II, Part I, Classification of Disability, Civil Pension Rule Vide Notification No: FD/1816-90/77/Dated/15.03.1977".
The petitioner Afeera Zara Naz was also nominated and then given admission in Saidu-Sharif Medical College Sawat provisionally subject to recommendation of Medical Board. The petitioner appended certificates of disability alongwith her application form one issued by Civil Medical Officer Rural Health Center Abbaspur District Rawalakot and second issued by National Council for the Rehabilitation of Disabled Persons but the Medical Board of Sheikh Khalifa Bin Zayed-al-Nahyan Hospital (CMH) Muzaffarabad declared that the petitioner Afeera Zara Naz does not fall within the ambit of disability for the purpose of getting admission in a Medical College on the reserved seat for disables. The said Medical Board declared as under: "CONDUCTION OF MEDICAL BOARD FOR DISABLE STUDENTS.
Miss Afeera Zara Naz D/o Muhammad Zulfiqar R/o Village Polas Abbaspur Tehsil and District Poonch.
Your Letter No. 3263-64 dated: 03rd December, 2012.
She sustained crush injury (Lt) hand resulting in amputation (Lt) little finger and contractures/middle finger. She is unable to make a fist. She is (Rt) handed and (Lt) hand injury does not impede her from daily routine activities.
Board is of the opinion that this candidate does not fulfill the criteria for disability to be considered for admission in medical college as per annexure II, Part I, Classification of Disability, Civil Pension Rule Vide Notification No. FD/1816- 90/77/Dated/15.03.1977".
The learned counsel for the petitioners took this version that the said Medical Board has relied upon Classification of Disability, Civil Pension Rules, which are not applicable to the present cases for getting admission in Medical Colleges. The perusal of the said rules indicates clearly the categories of disability and classified the same through different degrees of disability. Classification of degrees of disability have been defined in the said rules, which have been referred by the Medical Board in the present cases. The said rules are relevant and applicable to determine different categories of disability. So, the objection raised by the learned counsel for the petitioners has no substance to be relied. Moreover, the Disabled Persons Employment and Rehabilitation Act, 2012 has been adopted in Azad Jammu and Kashmir, through which the. disability of a person has been defined as under: "disabled person" means a person who, on account of injury, disease or congenital deformity, is handicapped for undertaking any gainful profession or employment in order to earn his livelihood, and includes a person who is blind, deaf, physically handicapped or mentally retarded; "disease" includes the physical or mental condition arising from the imperfect development of any organ.
Furthermore, the Disabled Persons Act, 1992 defines the disability as under: "disabled person" means a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability, which gives rise to physical, cultural or social barriers inhabiting him from participating at an equal level with other members of society in activities, undertakings or fields of employment that are open to other members of society."
The category of disability in which the present petitioners fall does not come in the ambit of category of disability required for getting admission in Medical College. The Medical Board of Sheikh Khalifa Bin Zayed-al- Nahyan Hospital (CMH) Muzaffarabad was a proper forum to declare the category of disability of the petitioners and it is the prerogative of the said board to declare the same.
Having in view the above discussed circumstances, the petitioners have got no locus standi to file the petitions. We feel no justification to indulge into the opinion made by the Medical Board and action taken by the relevant authority regarding cancellation of provisional admission of the petitioners. So, both the writ petitions stand dismissed.