Delhi High Court - Orders
Chetanya Pratap Singh Bhadoria vs Union Of India And Ors on 5 September, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11239/2023
CHETANYA PRATAP SINGH BHADORIA ..... Petitioner
Through: Mr. Paul Kumar Kalai, Mr. Atul
Kumar Srivastav and Mr. Asif Iqbal,
Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Santosh Tyagi, SPC with Mr.
Chetanya Puri, G.P. for R-1 to 3.
Mr. Tushar Gupta, Advocate for
AIIMS.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 05.09.2023
1. The petitioner while relying on the amendment notification dated 13.05.2019 issued by the erstwhile Medical Council of India submits that candidates suffering with visual impairment disability equal to or more than 40% are eligible for admission and availment of reservation under the provisions of Rights of Persons with Disabilities Act, 2016 (hereinafter 'the Act') provided that the visual disability is brought to a level of less than the benchmark of 40% with advanced low vision aids such as telescope /magnifier etc.
2. Learned counsel also submits that if the report of the experts of AIIMS dated 02.09.2023 is perused, the same would clearly indicate that the visual disability of the petitioner can be reduced with telescopic low vision devices.
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3. Learned counsel appearing on behalf of the respondents, however, points out that the visual disability of the petitioner, of course, can be reduced with telescopic low vision devices, however, the devices would lead to the field of vision being restricted to less than 10 degree and, therefore, the petitioner may not be entitled to take the advantage of reservation under the provisions of the Act.
4. In view of the aforesaid, let the matter be again referred back to the same committee which has submitted the said report dated 02.09.2023 to assist this court as to whether the petitioner can avail the benefit of reservation under the provisions of the Act in view of the notification relied upon by the petitioner or otherwise. This direction is imperative in view of the opinion of the experts to the effect that visual disability of the petitioner can be reduced with assistive devices, however, the experts put a caveat to indicate that the same would restrict the vision of the petitioner to less than 10 degrees.
5. Since the registrations for the third round counselling are already over and the matter requires to be decided at the earliest, therefore, it is directed that the view of the expert committee be submitted before this court by tomorrow.
6. Let a copy of this order be supplied to the Director, AIIMS along with the report dated 02.09.2023 with a request to send the view of the experts by tomorrow.
7. The committee is also expected to point out, with the aid of the devices in question, whether the petitioner would be able to pursue MBBS course or otherwise.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:50:18 -3-
8. Let the report submitted by the AIIMS be also placed in PDF form.
9. List this matter on 06.09.2023.
10. Copy of this order be given dasti under signatures of the Court Master.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 5, 2023/p Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:50:19