Punjab-Haryana High Court
Yashvee Aggarwal vs Union Of India And Ors on 23 August, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:109056-DB
CWP-19669-2024
2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-19669-2024
2024
Date of decision : 23.08.2024
2024
Yashvee Aggarwal
.......Petitioner
Versus
Union of India and others
.......Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU
NAGU, CHIEF JUSTICE
HON'BLE MR.
MR JUSTICE ANIL KSHETARPAL
Present: Mr. Dixit Garg, Advocate,
for the petitioner.
Mr. Pardeep Rajput, Advocate, for
Mr. Vipul Aggarwal, Senior Panel Counsel, UOI.
****
SHEEL NAGU, CHIEF JUSTICE ( Oral )
1. The petitioner is an aspirant for admission to MBBS course under 5% reservation for Persons with Disability (PwD) category.
2. The grievance of the petitioner, as projected by learned counsel, is that without giving giving specific opinion as regards loss of sensations in fingers, the Medical Board comprising of three Doctors, vide certificate dated 07.08.2024 (Annexure P-7), P opined thus :
"
"Remark : Congenial Deficiency of Toes Bilateral hand and foot The Disability Certificate Board certifies that the candidate is Not Eligible for admission in Medical/Dental Courses 1 of 3 ::: Downloaded on - 28-08-2024 01:21:39 ::: Neutral Citation No:=2024:PHHC:109056-DB CWP-19669-2024 2024 -2- and to avail 5% PwD reservation as per the NMC/MCI Gazette Notification.
If Not Eligible the reason for the same is : Congenial Deficiency of Toes Bilateral hand and foot. Functional competency with the aid of Assistive devices in case of Locomotor/Visual/Hearing r/Visual/Hearing impairment, if any : As both hands intact with sensations sufficient strength and range of motion are essential to be considered eeligible for medical course."
3. Neither the he composition of the Medical Board is under challenge nor any malafides malafide are alleged against any of the members of the Medical Board. Moreso the procedure prescribed does not provide for remedy of appeal against the he opinion of the Medical Board. 3.1 The Medical Board, comprising of three Doctors in relevant field, opined the petitioner to be not eligible for adm admission ission to Medical/Dental course under 5% PwD reservation category as per NMC/MCI norms. The reasons assigned are "Congenial Deficiency of Toes Bilateral hand and foot" and as such petitioner is wanting in the locomotive attribute of both hands intact with sensations and sufficient strength and range of motion motion, required for medical course.
4. Over the aforesaid oresaid opinion given by experts in the field of medicine,, this Court cannot sit in appeal to take a different view, especially when enough reasons have been given which appear to be in line with the procedure laid down in Appendix H-11 (Guidelines regardi regarding ng admission of students with "Specified Disabilities" under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course), appended to the notification dated 13.05.2019 (Annexure A A-1).
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5. It is settled in law that the Court, in absence of any expertise in the field of medical, cannot substitute its opinion in place of opinion of experts in the field.
6. This Court, therefore, sees no reason to interfere in the matter.
7. Petition stands dismissed.
( SHEEL NAGU ) CHIEF JUSTICE ( ANIL KSHETARPAL ) JUDGE August 23, 2024 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 28-08-2024 01:21:40 :::