Rajasthan High Court - Jaipur
Deepanshu Gothwal S/O Shri Kailash ... vs State Of Rajasthan on 17 December, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14657/2020
Deepanshu Gothwal S/o Shri Kailash Chand Gothwal, Aged About
18 Years, Resident Of B-28, Jagadamba Nagar, Near Power
House, Heerapura, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical Education Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Chairman, Neet Ug Medical And Dental Admission/
Counseling Board-2020 And Principal, Government Dental
College, Jaipur.
3. The Medical Council Committee (MCC) Through Its
Secretary, New Delhi, India.
4. The Principal, Government Medical College, Kota,
Rajasthan.
----Respondents
For Petitioner(s) : Ms.Sara Parveen for Mr.Tanveer
Ahmed (through video conferencing)
For Respondent(s) : Mr.Harshal Tholia for Dr.VB Sharma,
AAG (present in the Court)
Mr.Angad Mirdha - for respondent
MCC (through video conferencing) HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 17/12/2020 The instant writ petition has been filed by the petitioner challenging his ineligibility for the purpose of grant of admission in MBBS/BDS Course on the basis of disability certificate issued on 05th November, 2020.
The petitioner has also prayed to consider his case as per the recommendation made in the comprehensive report regarding (Downloaded on 17/12/2020 at 09:58:05 PM) (2 of 7) [CW-14657/2020] guidelines for admission to the persons with specified disability, as submitted to the Medical Council of India.
The petitioner has pleaded in the instant petition that certificate of disability, as per the MCI Gazette Notification dated 05th February, 2019/14th May, 2019 for admission to medical courses in All India Quota has been issued to him by SMS Medical College, which is one of the authorised college for issuing such requisite certificate for the purpose of admission in MBBS courses.
Learned counsel for the petitioner submitted that disability shown to the petitioner only mentions about left hemiparesis- locomotor and upper limb involvement making the petitioner ineligible to pursue the medical course.
Learned counsel for the petitioner submitted that the guidelines, which have been submitted to the Ministry of Health and Family Welfare, specifically recommends that there will be 'No Blanket Ban' on consideration of candidates having locomotor disability in relation to upper limbs and candidates having involvement of upper limbs in such a manner, that Non-dominant upper limb is involved with mild weakness shortening, deformity etc., but the hand is structurally intact, mobile (not stiff) and functional, sensations are preserved, condition is painless and non-progressive in nature, may be considered as eligible.
Learned counsel submitted that such recommendations having been made to the Competent Body, the respondents ought not to have declared the petitioner ineligible to pursue the course on the basis of disability, which the petitioner suffers.
Learned counsel Mr.Angad Mirdha appears for the respondent
- MCC and learned counsel Mr.Harshal Tholia, appearing on behalf of Dr.VB Sharma, AAG, appears for the respondent - State. (Downloaded on 17/12/2020 at 09:58:05 PM)
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Learned counsel Mr.Harshal Tholia submits that the
recommendations, which are relied upon by the petitioner, have not been given any effect so far and the disability certificate is issued, as per the guidelines regarding admission of the students with specified disability and as such, he refers to Appendix - "H- 1", where the persons, with physical disability, are required to be considered.
Learned counsel submitted that for locomotor disability, if the person has disability of 40%-80%, the candidates can be made eligible for admission for PwD Quota but the requirement is that the candidates, who have both hands intact with intact sensations, sufficient strength and range of motion, can be considered eligible for medical courses, as these are essential requirement.
Learned counsel submitted that the certificate of disability, which has been issued to the petitioner, specifically mentions that the petitioner suffers from hemiparesis-locomotor and the same amounts to weakness of muscles of upper limb-arms and as such, the petitioner has rightly been considered ineligible for admission in disability quota.
Learned counsel also submits that the guidelines, which are issued, are required to be strictly followed by the Competent Authority, who issues the certificate and in this case, they have followed the guidelines and as such, this Court may not interfere in the present matter.
Learned counsel further submits that the assessment by the Medical Board is essentially a job of experts and this Court may not substitute its view to render the petitioner eligible for the purpose of considering him to grant of admission in MBBS Course. (Downloaded on 17/12/2020 at 09:58:05 PM)
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Learned counsel Mr.Angad Mirdha submitted that the
guidelines have already been issued and all the authorities are required to comply with the guidelines in letter and spirit and as such, the candidates, who are rendered ineligible, need to be treated as such.
I have considered the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that the certificate of disability, which has been issued to the petitioner, makes a mention of disability of left hemiparesis and further, it says that upper limb of the petitioner is involved, thus the petitioner is not eligible to pursue the medical course.
This Court finds that the guidelines, which have been issued for the purpose of specified disability with respect to admission in MBBS course, provide disability range and the persons, who suffer locomotor disability, including, specified disabilities, if have disability of 40%-80%, such persons are required to be medically examined by the Board and they have to specifically consider the type of disability as well as disability range and they have to further give out whether the candidate has his/her hands are intact with intact sensations, sufficient strength and range of motion.
This Court finds that the certificate, which is given to the petitioner, is little sketchy and it does not specifically confirm to the requirement of the guidelines, whereas the Board needs to give the description of disability in the manner provided in the guidelines.
This Court finds that the candidate, who suffers from disability, has expectation from the Authorities that before (Downloaded on 17/12/2020 at 09:58:05 PM) (5 of 7) [CW-14657/2020] declaring such person ineligible for a course, like medical course, they need to give proper attention about disability.
This Court, in the facts of the present case, finds that as far as the guidelines, which have been relied upon by the petitioner, are yet to take place by way of a proper instruction/guideline to be issued by the Competent Authority and as such, these guidelines cannot be made applicable in the present facts of the case for the purpose of admission in the year 2020.
This Court, further, finds that the petitioner is required to be assessed again by the Competent Authority - SMS Medical College, Jaipur for adjudging disability of the petitioner as per the guidelines, which have been issued. Relevant part of the guideline is quoted hereunder for ready reference :-
Sr.No Dis Type of Specified Disability Disability Range . abil Disability ity Typ e Eligible for Eligible for Not Eligible for Medical Medical Course, Medical Course Course, Not Eligible for PwD Eligible for Quota PwD quota
1. A. a. Leprosy cured Less than 40-80% More than 80% Locomotor person* 40% disability Disability, b. Cerebral Palsy** disability Persons with including c.Dwarfism more than 80% Specified d. Muscular Dystrophy disability may Disabilities e. Acid attack victims also be allowed (a to f) f. Other*** such as on case to case Amputation, basis and their Poliomyelitis etc. functional competency will be Physical Disability determined with the aid of assistive devices, if it is being used, to see if it is brought below 80% and whether they possess sufficient motor ability as required to pursue and complete the course satisfactorily.(Downloaded on 17/12/2020 at 09:58:05 PM)
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* xx xx xx
** xx xx xx
***Both hands intact, with intact sensations, sufficient strength and range of motion are essential to be considered eligible for medical course.
Accordingly, the Competent Authority is directed to assess the disability of the petitioner again as per the guidelines, which have been issued and they should specifically come out with regard to the nature of disability suffered by the petitioner whether disability of the petitioner in upper limb makes him ineligible or he fulfills the requisite conditions making him eligible for admission.
This Court further directs that the conditions, mentioned in asterisk***, are specifically required to be considered and report should be given to that effect that the petitioner fulfills the condition or not.
Learned counsel Mr.Harshal Tholia is directed to give instructions to the Authorities concerned to assess the disability of the petitioner without any further delay.
The petitioner is also directed to appear before the Authorities immediately with copy of this order and needful be done accordingly.
Learned counsel Mr.Harshal Tholia, at this juncture, submits that second round of counselling is already under way and as such, if any relief is to be given to the petitioner on the basis of certificate of disability, if issued in his favour, this Court may pass appropriate order only by permitting the petitioner to participate in the Mop-up round.
Accordingly, this Court holds that if the petitioner is issued a certificate of disability making him eligible for appointment, the case of the petitioner shall be considered in Mop-up round and if (Downloaded on 17/12/2020 at 09:58:05 PM) (7 of 7) [CW-14657/2020] he gets seat as per his merit, the same shall be allotted to him without any delay.
The present writ petition is disposed of with the aforesaid directions.
(ASHOK KUMAR GAUR),J Preeti Asopa /Sakshi/49 (Downloaded on 17/12/2020 at 09:58:05 PM) Powered by TCPDF (www.tcpdf.org)