Rajasthan High Court - Jaipur
Anshul Sharma S/O Late Shri Mukesh Kumar ... vs State Of Rajasthan on 16 March, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4541/2022
Anshul Sharma S/o Late Shri Mukesh Kumar Sharma, Aged
About 23 Years, R/o Opposite State Bank, Hospital Road,
Mandawar, Dausa ( Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Principle Secretary, Medical
And Health Department, Govt. Secretariate, Jaipur
2. The Superordinate, SMS Hospital Tonk Road, Jaipur
(Rajasthan)
3. The Convenor Medical Board, Sms Hospital, Tonk Road,
Jaipur
4. The Director Journal, National Testing Agency First Floor,
NSIC-MDBP Building Okala Industrial Estate, New Delhi.
5. The Chairmen, NEET UG Medical And Dental/Counseling
Board NEET 2021, Govt. Dental College, Subhash Nagar,
Behind Tb Hospital, Jaipur
----Respondents
For Petitioner(s) : Mr. Aatish Jain, Adv.
For Respondent(s) : Mr. Harshal Tholia, Adv. on behalf of
Dr. Vibhuti Bhushan Sharma,
Additional Advocate General.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
16/03/2022
Learned counsel for the petitioner submitted that the petitioner had appeared in NEET UG Examination and after declaration of the result, the petitioner secured All India Rank for counselling in category of Persons with Disability (PwD) and assigned 2006th Rank.
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(2 of 4) [CW-4541/2022] Learned counsel for the petitioner submitted that the petitioner suffers physical disability (locomotor disability) of 50% as he has permanent physical impairment in his right leg.
Learned counsel for the petitioner submitted that as per guidelines issued by the NEET UG Admission Board, the petitioner appeared before the Competent Authority-SMS Medical College for issuance of certificate of disability.
Learned counsel for the petitioner submitted that the petitioner though has physical disability in his right leg, however, the Authorities erroneously have shown disability in upper part of the body-right upper limb.
Learned counsel for the petitioner submitted that the petitioner appeared for counselling in Round-II for the purpose of admission before the Counselling Board and on 04.03.2022, he has not been found eligible as per Disability Certificate dated 27.12.2021.
Learned counsel for the petitioner submitted that the certificate which has been issued by Government of Rajasthan dated 02.11.2021 as well as the certificate issued by the Medical Board of District Authorities-CMHO Dausa dated 17.07.2017, shows permanent disability of the petitioner on his right leg.
Learned counsel for the petitioner submitted that the respondents are illegally depriving the petitioners from participating in the counselling and they are not considering his case in General-EWS with PwD Category, in spite of having sufficient rank.
Learned counsel for the petitioner submitted that this Court may consider grant of interim order in favour of the petitioner as the respondents are going to conduct Mop Up Round counselling (Downloaded on 16/03/2022 at 09:44:40 PM) (3 of 4) [CW-4541/2022] and if petitioner will not be permitted to participate then he will not be able to get admission in spite of having requisite merit.
Learned counsel for the respondents-Mr. Harshal Tholia has already been supplied copy of petition and he seeks time to file reply to the writ petition as well as stay application.
Learned counsel for the respondents submitted that certificate to the petitioner was issued by the Competent Authority on 27.12.2021 and the petitioner is approaching this Court belatedly after conclusion of second round of counselling.
Learned counsel for the respondents further submitted that if any interim order is passed by this Court, the same would be at the cost of other eligible persons in the PwD category and as such this Court may not consider the prayer of interim relief.
I have heard the submissions made by learned counsel for the parties.
This Court, as an interim measure, directs that the petitioner may be permitted to participate in next round of counselling i.e. Mop Up Round in General-EWS with PwD Category, however, his participation in the counselling will be subject to outcome of the present writ petition and even if the petitioner is found meritorious in the aforesaid category, his admission will not be final without prior permission of the Court.
This Court also directs that the certificate which has been issued to the petitioner dated 27.12.2021 is required to be again considered by the Competent Authorities and they are required to examine the petitioner again for the purpose of disability certificate.
This Court, further directs the Superintendent of SMS Medical College, Jaipur to constitute a Board as required for issuance of (Downloaded on 16/03/2022 at 09:44:40 PM) (4 of 4) [CW-4541/2022] certificate of disability and petitioner would appear before the said Board on 22.03.2022. The report of the Board shall be sent to this Court through learned counsel-Mr. Harshal Tholia.
Learned counsel for the respondents may file reply. List this case on 23.03.2022.
Registrar (Judicial) is directed to send a copy of this order to the Superintendent, SMS Medical College, Jaipur for doing the needful exercise.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav /86/Bhavnesh Kumawat 102 (Downloaded on 16/03/2022 at 09:44:40 PM) Powered by TCPDF (www.tcpdf.org)