Rajasthan High Court - Jaipur
Pavan Kumar Gujar S/O Dashrath Singh vs State Of Rajasthan on 4 November, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.16299/2022
Pavan Kumar Gujar S/o Dashrath Singh, Aged About 20 Years,
Resident Of Village Khadraya Bhaiseena, Weir, Bharatpur,
Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, through its Principal Secretary,
Department of Medical & Health Department, Government
Secretariat, Jaipur, Rajasthan.
2. Principal Secretary, Department of Medical Education
Department, Government Secretariat, Jaipur, Rajasthan.
3. Chairman, NEET PG Medical and Dental Admission/
Counselling Board-2022 and Principal, Govt. Dental
College, Subhash Nagar, Behind T.B. Hospital, Jaipur,
Rajasthan.
4. SMS Hospital, through Convenor Medical Board, Tonk
Road, Jaipur.
5. National Testing Agency, Through Director, First Floor,
NSIC-MDBP Building Okala Industrial Estate, New Delhi.
6. Dr. Ram Manohar Lohiya Hospital, New Delhi through
Director, having its address at Baba Kharak Singh Marg,
Near Gurudwara Bangla Sahib, Connaught Place, New
Delhi, Delhi 110001
7. National Medical Commission through its Chairman,
having its address at Pocket-14 Sector-8, Dwarka Phase-
1, New Delhi-110077
----Respondents
For Petitioner(s) : Mr.Rajendra Yadav, Adv. for Mr.Abhimanyu Singh Yaduvanshi, Adv.
For Respondent(s) : Dr.V.B. Sharma, AAG with Mr.Harshal Tholia, Adv.
Mr.Vishvas Saini, Adv. for Mr.M.S. Raghav, Adv., for No.5-NTA.
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(2 of 4) [CW-16299/2022]
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
04/11/2022
Learned counsel for the petitioner has filed amended cause title, the same is taken on record.
Learned counsel for the petitioner submitted that the petitioner had appeared in NEET UG-2022 and applied under OBC NCL Category as Person with Disability (PWD).
Learned counsel submitted that the petitioner had approached Dr.Ram Manohar Lohiya Institute of Medical Science & Dr. RML, Hospital, New Delhi for issuance of certificate of disability and the said certificate was issued on 15.10.2022 and petitioner was shown to having 45% Locomotor Disability, however, the petitioner has been found ineligible as he is said to have "Left Hemiplegia with hand involvement".
Learned counsel submitted that the petitioner who has secured the requisite merit and rank is not being considered under PWD Category and the respondents have not followed MCI Gazette Notification dated 05.02.2019/14.05.2019 for the purpose of giving disability certificate in medical courses.
Learned counsel for the petitioner submitted that the instructions booklet as supplied to all the candidates, permitted the candidates to get the requisite medical disability certificate from any of the 16 Centres as approved by MCC.
Learned counsel submitted that the medical certificate issued to the petitioner has not examined the disability of the petitioner as per the parameters laid down and as such, counsel submits that permission may be granted by this Court to the petitioner to appear before one of the other approved Centres and (Downloaded on 04/11/2022 at 09:21:41 PM) (3 of 4) [CW-16299/2022] since the petitioner belongs to the State of Rajasthan, he may be permitted to appear in the approved Centre i.e. SMS Medical College, Jaipur Learned counsel for the respondents-State Mr.Harshal Tholia has already been supplied copy of the writ petition.
This Court, prima facie, finds that the certificate which has been issued by the aforesaid Dr.Ram Manohar Lohiya Hospital, New Delhi does not confirm to the requirement, as was notified in the Gazette Notification and as such, case of the petitioner is required to be examined properly for the purpose of issuance of Disability Certificate.
This Court accordingly directs the Principal SMS Medical College, Jaipur to constitute a Medical Board of Three Members to examine the petitioner for the purpose of issuance of disability certificate as per parameters laid down by MCI Gazette Notification(s).
The Principal and Controller of SMS Medical College, Jaipur will constitute a Medical Board on 05th November, 2022 and thereafter, the petitioner would be examined accordingly.
The opinion of the members of the Medical Board be sent to this Court in a sealed cover through the counsel appearing on their behalf.
The order passed by this Court will also be communicated by the counsel for the respondents-State to the Principal, SMS Medical College, Jaipur for taking immediate steps of constituting the Medical Board.
The Registrar (Judicial) is also directed to send a copy of this order to the Principal, SMS Medical College, Jaipur today itself.
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(4 of 4) [CW-16299/2022] The appearance of the petitioner before the Medical Board at SMS Medical College, Jaipur will be subject to final outcome of the present writ petition and his appearance itself would not be claimed as a matter of equity by him.
List on 07.11.2022.
(ASHOK KUMAR GAUR), J Himanshu Soni/45 (Downloaded on 04/11/2022 at 09:21:41 PM) Powered by TCPDF (www.tcpdf.org)