Calcutta High Court (Appellete Side)
Synthia Das vs The Union Of India & Ors on 14 October, 2022
Author: Jay Sengupta
Bench: Jay Sengupta
21 14.10.
AGM/ 2022
AN
Ct 32
WPA 23259 of 2022
Synthia Das
Vs
The Union of India & Ors
Mr. Biswaroop Bhattacharya,
Mr. Vivekananda Bose,
Mr. Sohan De Dhara,
... For the petitioner.
Mr. Indrajeet Dasgupta,
Ms. Pushpita Bhowmick,
Ms. Rima Biswas,
... For the U.O.I.
Mr. Himadri Sekhar Chakraborty,
Mr. Hare Krishna Halder,
... For the State.
This is an application praying for direction
upon the respondent authorities, specifically
respondent Nos. 12 and 13 to cancel, rescind, withdraw and/or set aside the certificate dated 6 th October, 2022 in so far as it declares that the petitioner is not eligible for admission in medical/dental course and to avail 5% PWD reservation as per the NMC/MCI Gazette Notification.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
Learned counsel for the petitioner submits as follows. The petitioner suffers from a Locomotor 2 Disability. Although her dominant hand is the left hand, she has a particular disability in her right hand. Two of her fingers are attached till a certain point. However, sensation is there all over the hand including in the fingers. The extent of disability has been mentioned as 45% in the certificate of disability for National Eligibility Entrance Test (NEET) admission issued by the IPGMER. However, they erred in several respects in terms of issuance of the certificate. First, 40% disability per se would not disentitle a candidate from such admission. Secondly, they erred in inferring that she had 'congenital absence of fingers of her right hand' or that both hands were not intact. They were completely wrong in holding that she was not eligible for medical course as per the MCI guidelines. Reliance is placed on the Rights of Persons with Disability Act, 2016 and on several other notifications passed by the Central Government especially the one dated 4 th February, 2019 where such disabilities are dealt with. According to the Appendix H of the said notification, the petitioner is very much eligible for admission in the said course. Soon after the issuance of such certificate on 6 th October, 2022, the petitioner took steps for moving this Court. In the meantime, a notification has been issued regarding admission and selection in the 3 medical course. The last date of registration for verification of internal candidates by the concerned Institute is fixed on 17.10.2022 at 11.00 A.M. This is the exigency in which this application has been moved.
Learned counsel appearing for the Union of India submits as follows. A competent authority has come to a finding that the petitioner is not eligible to participate in the selection process. There is hardly any scope for challenging the same. The matter has to be decided on the basis of affidavits and this will require some time.
In view of the above and considering the fact that the registration for verification of the candidates ends on 17.10.2022 at 11.00 A.M., it appears some kind of protection needs to be given to the present petitioner.
Let this matter come up for hearing on 21.10.2022.
In the interest of justice, the interim relief as prayed for by the petitioner in the alternative being prayer (i) is allowed to the extent that the respondent authorities, particularly respondent nos 5 and 9, shall keep one seat vacant in the medical course pertaining to the session 2022-23 during the pendency of the writ petition.
4
Let the petitioner communicate a gist of this order to all the respondents by speed post with Acknowledgement Due, within a week and the affidavit of service to that effect be filed on the next date of hearing.
Parties shall act on a server copy of the order obtained from the official website of High Court at Calcutta.
(Jay Sengupta, J)