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Divya Soni vs Union Of India And Ors on 10 November, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~133
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 15469/2022
                                  DIVYA SONI                                                 ..... Petitioner
                                                     Through:      Ms. M. Theepa, Mr. Anand Kr.
                                                                   Pandey and Ms. Chandni Bajaj,
                                                                   Advocates.

                                                     versus

                                  UNION OF INDIA AND ORS.                                 ..... Respondents
                                                     Through:      Mr. Suhil Raaja, Senior Panel
                                                                   Counsel for R-1.
                                                                   Mr. T. Singhdev and Mr. Abhijit
                                                                   Chakravarty, Advocates for R-3/
                                                                   NMC.
                                                                   Ms. Seema Dolo, Advocate for R-4/
                                                                   NTA.
                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                               ORDER

% 10.11.2022 CM APPL. 48119/2022 (under Section 151 of the Code of Civil Procedure, 1908 seeking exemption)

1. Exemption is granted, subject to all just exceptions.

2. Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 15469/2022 & CM APPL. 48118/2022(for interim directions)

4. Petitioner appeared in NEET-UG 2022 under OBC-PwD category and Signature Not Verified Digitally Signed W.P.(C) 15469/2022 Page 1 of 4 By:SAPNA SETHI Signing Date:10.11.2022 20:46:28 secured an All-India Rank of 923115 and category rank of 2323, along with percentile of 47.33 and 110 marks - which is above the category cut-off. As per notice dated 08th August, 20221 issued by Directorate General of Health Services, Government of India - candidates seeking to avail the benefit of PwD reservation are required to furnish a disability certificate issued from a designated Disability Certification Centre.

5. Petitioner is aggrieved by 'Certificate of Disability' dated 10th October, 2022 [Annexure P-9] issued by one designated Disability Certificate Centre viz. Lady Hardinge Medical College and Associated Hospitals ["LMHC"]. The impugned certificate assesses the disability percentage of Petitioner's Locomotor Disability at 60%, and declares Petitioner to be "not eligible to pursue medical course". Accordingly, Petitioner was barred from participating in the ongoing counselling process for NEET-UG 2022 and declared ineligible to take admission into MBBS course.

6. Issue notice to Respondents. Mr. Sushil Raaja, Senior Panel Counsel, accepts notice on behalf of Respondent No. 1 [Union of India]. Mr. T. Singhdev, Advocate, accepts notice on behalf of Respondent No. 3 [National Medical Commission]. Ms. Seema Dolo, Advocate, accepts notice on behalf of Respondent No. 4 [National Testing Agency].

7. Upon filing of process fee, issue notice to remaining Respondents, by all permissible modes, returnable on the next date of hearing.

8. Mr Singhdev invites the attention of this Court to "Appendix H-1" to Graduate Medical Education Regulations (Amendment), 2019,2 which reads 1 Ref. U-12021/01/2022-MED.

Notified vide gazette notification dated 13th May, 2019, No. MCI-34(41)/2019-Med./112862 Signature Not Verified Digitally Signed W.P.(C) 15469/2022 Page 2 of 4 By:SAPNA SETHI Signing Date:10.11.2022 20:46:28 as follows:

9. Petitioner's Locomotor Disability viz. 60% falls within the disability range being "Eligible for Medical Course, Eligible for PwD Quota", but she has been assessed to be ineligible to pursue medical course as per certificate dated 10th October, 2022.

10. Counsel for Petitioner states that Petitioner got herself re-assessed at Maharani Laxmibai Medical College, Jhansi and their report dated 14th October, 2022 [Annexure P-13] noted the result as 'Improved'. Reliance is placed upon said report to submit that Petitioner is entitled to pursue the medical course.

11. In the opinion of the Court, it would be appropriate to have a second opinion in respect of Petitioner's disability, to which counsel for Petitioner is agreeable.

12. Accordingly, following directions are issued:

(i) Director of All India Institute of Medical Sciences ["AIIMS"], Delhi is directed to constitute a board of three experts in the relevant field [hereinafter "Board"] to assess Petitioner's disability and give an opinion on whether Petitioner would be able to pursue medical course and work as a doctor.

(ii) The afore-said report be furnished to the Court in a sealed cover on or before the next date of hearing.

(iii) While discerning Petitioner's disability, Board shall take into consideration the aforesaid regulations and any other applicable regulations.

(iv) For the above purpose, Petitioner shall be present for medical examination before the Board constituted by Director of AIIMS, Delhi on 15th November, 2022, at 12 Noon.

13. Re-notify on 21st November, 2022.

14. A copy of this order be given dasti under the signatures of learned Court Master.

SANJEEV NARULA, J NOVEMBER 10, 2022 d.negi Signature Not Verified Digitally Signed W.P.(C) 15469/2022 Page 4 of 4 By:SAPNA SETHI Signing Date:10.11.2022 20:46:28