Gauhati High Court
Nadiya Tabassum vs The State Of Assam And 9 Ors on 28 October, 2024
Page No.# 1/17
GAHC010204912024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5077/2024
NADIYA TABASSUM
D/O- NOZMUL HAQUE, VILL.- BORPUKHURI, MOUZA- JUGIJAN, DIST.
HOJAI, ASSAM, PIN- 782435, ASSAM
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF ASSAM,
DISPUR-781006, GUWAHATI.
2:THE PRINCIPAL SECRETARY TO GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR-781006
GUWAHATI.
3:THE DIRECTOR GENERAL (ME) GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHAWAN
NEW DELHI-110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX MILE
KHANAPARA
GHY-781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GHY-781032.
Page No.# 2/17
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GAUHATI-781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVT. OF INDIA
NEW DELHI-110003.
8:DIRECTOR AND H.O.D.
REGIONAL INSTITUTE OF OPHTHALMOLOGY
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GHY-781032.
9:JOINT DIRECTOR OF HEALTH SERVICES
HOJAI-782435
P.O. AND P.S. HOJAI
ASSAM
10:MEMBERS
DISTRICT MEDICAL DISABILITY BOARD
HOJAI-782435
ASSA
Advocate for the Petitioner : MR. M K DAS, MS. B CHETRY,S J DUTTA
Advocate for the Respondent : SC, HEALTH, SC, SOCIAL JUSTICE AND EMPOWERMENT
Linked Case : WP(C)/4793/2024
DRISHTI BORA
D/O- DR. ANIL KUMAR BORA
R/O- BALI RAM TERON PATH
HOUSE NO.- 4-B
NARAKASUR
Page No.# 3/17
KAHILIPARA- 781019
SUB-DISTRICT- GUWAHATI
DISTRICT- KAMRUP(METRO)
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEPTT.
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
GUWAHATI- 781006.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
KAMRUP(M)
SATPUKHURI
UZANBAZAR
GUWAHATI-01.
5:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIXMILE
KHANAPARA
GUWAHATI- 781022.
6:THE MEDICAL BOARD
C/O- THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI- 781005.
------------
Advocate for : MR. B D KONWAR SR. ADV.
Page No.# 4/17
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 5 ORS.
Linked Case : WP(C)/5161/2024
AFSANA BEGUM
D/O- ABDUL ALI
HOUSE NO. 71
LAWKHUWA ROAD
NEAR SBI CSP
MOHKHULI
NAGAON
ITACHALI
VILLAGE- MOKHULI
DISTRICT- NAGAON
P.O.- MOKHULI
P.S.- NAGAON
PIN- 782003
ASSAM.
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HEALTH
AND FAMILY WELFARE DEPARTMENT
GOVT. OF ASSAM
DISPUR-781006
GUWAHATI.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR- 781006
ASSAM.
3:THE DIRECTOR GENERAL (ME)
GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHWAN
NEW DELHI
110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
Page No.# 5/17
SIX-MILE
KHANAPARA
GUWAHATI- 781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI- 781032.
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN
AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GUWAHATI- 781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
NEW DELHI
PIN- 110003.
8:JOINT DIRECTOR OF HEALTH SERVICES
HOJAI
HOJAI- 782435
P.O. AND P.S. HOJAI
ASSAM.
9:MEMBER
DSTRICT MEDICAL DISABILITY BOARD
HOJAI
HOJAI- 782435
ASSAM.
------------
Advocate for : MR. M K DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 8 ORS
Linked Case : WP(C)/5152/2024
RUHUL AMIN LASKAR
S/O FARUK AHMED KHAN
VILLAGE- BROJAPUR PT. II
MOUZA- HAILAKANDI
Page No.# 6/17
DIST.- HAILAKANDI
PIN- 788155
ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HEALTH
AND FAMILY WELFARE DEPARTMENT
GOVT. OF ASSAM
DISPUR- 781006
GUWAHATI.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR- 781006
GUWAHATI.
3:THE DIRECTOR GENERAL (ME)
GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHWAN
NEW DELHI
110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX-MILE
KHANAPARA
GUWAHATI- 781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GAUHATI- 781032.
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN
AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GUWAHATI- 781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
Page No.# 7/17
GOVERNMENT OF INDIA
NEW DELHI
PIN- 110003.
8:SR. MEDICAL AND HEALTH OFFICER
S.K. ROY CIVIL HOSPITAL
HAILAKANDI- 788151
P.O. AND P.S.- HAILAKANDI
ASSAM.
------------
Advocate for : MR. M K DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/5159/2024
SUHENA NASRIN
D/O- SAFIR UDDIN
VILL.- HATIPUKHURI
MOUZA- SAIDORIA
DIST. NAGAON
P.S. RUPAHIHAT
PIN- 782125
ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HEALTH
AND FAMILY WELFARE DEPARTMENT GOVT. OF ASSAM
DISPUR-781006
GUWAHATI.
2:THE PRINCIPAL SECRETARY TO GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE DIRECTOR GENERAL (ME) GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHAWAN
NEW DELHI-110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
Page No.# 8/17
SIXMILE KHANAPARA
GHY-781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GHY-781032.
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GHY-781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVT. OF INDIA
NEW DELHI-110003.
8:JOINT DIRECTOR OF HEALTH SERVICES
NAGAON
P.O. AND P.S. NAGAON SADAR
ASSAM
9:MEMBERS
DISTRICT MEDICAL DISABILITY BOARD
NAGAON
ASSAM
------------
Advocate for : MR. M K DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 8 ORS
Linked Case : WP(C)/5173/2024
AMIT GUPTA
S/O- RAJENDRA GUPTA
R/O- PALTAN BAZAR
JALAN NAGAR COLONY
DIBRUGARH
P.O. AND P.S.- DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM- 786005.
VERSUS
Page No.# 9/17
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
MEDICAL EDUCATION AND RESEARCH DEPTT.
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPTT. OF SOCIAL JUSTICE AND EMPOWERMENT
DISPUR
GUWAHATI- 781006.
4:THE JOINT DIRECTOR OF HEALTH SERVICES
DIBRUGARH
ASSAM
ASSAM TRUNK ROAD
DIBRUGARH
ASSAM- 786001.
5:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIXMILE
KHANAPARA
GUWAHATI- 781022.
6:THE MEDICAL BOARD
C/O- THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI- 781005.
7:THE NATIONAL MEDICAL COMMISSION
POCKET-14
SECTOR-8
DWARKA PHASE-1
NEW DELHI- 110077.
------------
Advocate for : MR. B D KONWAR SR. ADV.
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 6 ORS.
Page No.# 10/17
Linked Case : WP(C)/5162/2024
ALIA KHANAM
D/O- ABDUR ROB KHAN
H.NO-127
PUBJARUNI
KOROIGURI
MURAJHAR
VILLAGE-PUBJARUNI
DIST- HOJAI
P.O- KOROIGURI
P.S- MURAJHAR
PIN-782440
ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HEALTH
AND FAMILY WELFARE DEPARTMENT
GOVT. OF ASSAM
DISPUR-781006
GUWAHATI.
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR- 781006
ASSAM.
3:THE DIRECTOR GENERAL (ME)
GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHWAN
NEW DELHI
110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX-MILE
KHANAPARA
GUWAHATI- 781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI- 781032.
Page No.# 11/17
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN
AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GUWAHATI- 781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
NEW DELHI
PIN- 110003.
8:JOINT DIRECTOR OF HEALTH SERVICES
HOJAI-782435
P.O AND P.S HOJAI
ASSAM
9:MEMBERS
DISTRICT MEDICAL DISABILITY BOARD
HOJAI
PIN-782435
ASSAM.
------------
Advocate for : MR. M K DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 8 ORS
Linked Case : WP(C)/5158/2024
SADIA TASHNIMA AHMED
D/O- SAIF UDDIN
VILLAGE- SINGIA GAON
MOUZA- JURIA
DIST.- NAGAON
P.S.- NAGAON SADAR
PIN- 782124
ASSAM.
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HEALTH
Page No.# 12/17
AND FAMILY WELFARE DEPARTMENT
GOVT. OF ASSAM
DISPUR-781006
GUWAHATI.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR- 781006
ASSAM.
3:THE DIRECTOR GENERAL (ME)
GOVT. OF INDIA
DIRECTORATE GENERAL OF HEALTH SERVICES
NIRMAN BHWAN
NEW DELHI
110011.
4:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
SIX-MILE
KHANAPARA
GUWAHATI- 781022.
5:PRINCIPAL CUM CHIEF SUPERINTENDENT
GAUHATI MEDICAL COLLEGE AND HOSPITAL
BHANGAGARH
GUWAHATI- 781032.
6:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN
AT GAUHATI MEDICAL COLLEGE
BHANGAGARH
GUWAHATI- 781032.
7:THE CHIEF COMMISSIONER
DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
GOVERNMENT OF INDIA
NEW DELHI
PIN- 110003.
8:JOINT DIRECTOR OF HEALTH SERVICES
NAGAON
P.O. AD P.S. NAGAON SADAR
ASSAM.
9:MEMBER
Page No.# 13/17
DSTRICT MEDICAL DISABILITY BOARD
NAGAON
ASSAM.
------------
Advocate for : MR. M K DAS
Advocate for : SC
HEALTH appearing for THE STATE OF ASSAM AND 8 ORS
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 28.10.2024 Heard Mr. B.D. Konwar, learned senior counsel, assisted by Mr. P. Doley, learned counsel for the petitioner in WP(C) No. 4793/2024 & WP(C) No. 5173/2024 and Mr. M.K. Das, learned counsel for the petitioners in the other writ petitions.
Also heard Mr. B. Gogoi, learned standing counsel, Health Department and on request made by this Court, Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, appears for All India Institute Medical of Sciences (AIIMS), Guwahati.
All the petitioners in this batch of writ petitions are intending candidates for a seat in the MBBS course under the Assam State Quota for the academic Session 2024-2025 under the category of persons with specified disabilities under the Rights of Persons with Disabilities Act, 2016. They all have the disability certificate issued by the competent authority. However, they are aggrieved due to non-selection in view of scaling down of their bench mark disability and/or not adhering to Appendix H-1 of the Amendment Notification dated 13.05.2019 by the Medical Board/Assessment Board constituted by the Page No.# 14/17 Director of Medical Education, Assam.
The petitioner in WP(C) No. 5077/2024 is having 40% permanent disability in relation to her both eyes and is a case of low-vision issued by the competent authority. The petitioner is aggrieved for non-selection despite having 40% disability for a seat in the MBBS course.
The petitioner in WP(C) No. 4793/2024 is having 40% permanent disability of Thalassemia Intermedia, Genetype-B+/B+.
The petitioner in WP(C) No. 5152/2024 is having 40% permanent disability in relation to his both eyes and is a case of low-vision.
The petitioner in WP(C) No. 5158/2024 is having 50% Locomotor permanent disability.
The petitioner in WP(C) No. 5159/2024 is having 40% Locomotor permanent disability.
The petitioner in WP(C) No. 5161/2024 is having 40% Low-vision permanent disability.
The petitioner in WP(C) No. 5162/2024 is having 40% Low-vision permanent disability.
The petitioner in WP(C) No. 5173/2024 is having 40% Locomotor permanent disability.
The Principal-cum-Chief Superintendent, Gauhati Medical College & Hospital by a Communication dated 05.09.2024 addressed to the Director of Medical Education, Assam, submitted the Medical Examination Report of the candidates who appeared before the Medical Board. In the said list, the names of the petitioners appear and the comments of the Board are shown against Page No.# 15/17 each of the names of the petitioners. The petitioners are being aggrieved inasmuch as the Medical Board scaled down their percentage of disabilities and/or did not adhere to Appendix H-1 of the Amendment Notification dated 13.05.2019 thereby depriving the petitioners of getting a seat for admission into the MBBS course under the different medical colleges in the State of Assam.
The Board of Governors in supersession of Medical Council of India issued an Amendment Notification No. MCI/34(41)/2019-Med./112862, dated 13.05.2019, wherein, the Graduate Medical Education Regulations 1997 was amended by the Graduate Medical Education Regulations (Amendment), 2019. In the said notification, the guidelines regarding admission of students with specified disabilities under the Rights of Persons with Disability Act, 2016 with respect to admission in MBBS Course is provided in Appendix H-1. Further, the Ministry of Social Justice and Empowerment, by a Notification No. S.O.1138(E), notified the guidelines for the purpose of assessing the extent of specified disability in a person.
All the petitioners, before this Court, are not satisfied with the report of the Medical Board constituted by the Director of Medical Education, Assam and therefore, have filed the aforesaid writ petitions praying for a direction to permit them to be admitted into the Medical Colleges in terms of the reservation of their disabilities made in the different Medical Colleges in the State of Assam.
The learned counsel for the petitioners have referred to a Judgment dated 15.10.2024 passed by the Hon'ble Supreme Court in the case of Omkar Ramcharndra Gond Vs. Union of India and Others (Civil Appeal No. 10611/2024) and contents that in similar matters, the Hon'ble Supreme Court has taken the view of taking the opinion of an Independent Body with regard to the specified disabilities of such persons. They, therefore, content that their cases may also Page No.# 16/17 be referred to an Independent Body for assessing their disabilities in the State of Assam.
Mr. B. Gogoi, learned standing counsel, Health Department has no objections and welcomes the suggestions made by the learned counsel appearing for the petitioners.
Accordingly, this Court has requested Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, as to whether the All India Institute of Medical Sciences (AIIMS), Guwahati can examine the case of the petitioners to assess their disabilities in terms of the disability certificates issued to each of them by the competent authority. He, accordingly, submits that the AIIMS has all the Specialists required to have an assessment with regard to the petitioners' disabilities with regard to their specified disabilities.
Insofar as the petitioner in WP(C) No. 4793/2024 is concerned, she has subjected herself before the concerned specialist, i.e., Haematology Department of All India Institute of Medical Sciences, Guwahati and a diagnosis report has also been annexed in the Additional Affidavit filed by the petitioner as well as the report of Sir Ganga Ram Hospital, Delhi.
Accordingly, the Authorities in the All India Institute of Medical Sciences, Guwahati are directed to constitute a Medical Board consisting of Specialists to look into the disabilities as regards the petitioners and thereafter, submit its independent report before this Court as regards the disability percentage of each of the petitioners. The Authorities in the All India Institute of Medical Sciences, Guwahati is also permitted to send such report to the Director of Medical Education, Assam.
The Medical Board constituted by the Authorities of the All India Institute Page No.# 17/17 of Medical Sciences, Guwahati shall strictly proceed in terms of the Amendment Notification dated 13.05.2019 (Appendix H-1) and the Notification dated 12.03.2024.
The petitioners shall appear before the Registrar, All India Institute of Medical Sciences, Guwahati for examination by the Medical Board constituted by the Authorities of All India Institute of Medical Sciences, Guwahati on 30.10.2024 from 11 A.M. onwards. The petitioners are at liberty to produce the Amendment Notification dated 13.05.2019 (Appendix H-1), the Notification dated 12.03.2024 along with their disability certificate before the Medical Board so constituted.
List these matters again on 04.11.2024.
Interim order passed earlier to continue till the next returnable date.
Any admission to the MBBS seat in WP(C) No. 5161/2024 & WP(C) No. 5162/2024 under the disability quota shall be subject to the outcome of these writ petitions.
JUDGE Comparing Assistant