Karnataka High Court
Sri. Girish Gunari vs The State Of Karnataka on 23 March, 2018
Bench: B.S.Patil, S. Sunil Dutt Yadav
WP.12098/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2018
PRESENT
THE HON'BLE MR.JUSTICE B.S.PATIL
&
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
W.P.No.12098/2018 (EDN-MED-ADM)
BETWEEN
SRI GIRISH GUNARI,
S/O GURUSHANTAPPA,
AGED ABOUT 25 YEARS,
R/O NO.1571, MANDI MOHALLA,
KODIR ROAD, SOPPINAKERA,
MYSURU. ... PETITIONER
(By Sri SHIVAYOGESHA SHIVAYOGIMATH, ADV. FOR
Smt.RATNA N.SHIVAYOGIMATH, ADV.)
AND
1. THE STATE OF KARNATAKA,
REP BY ITS SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION,
VIDHANA SOUDHA, BENGALURU-01.
2. THE KARNATAKA EXAMINATIONS AUTHORITY,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-12,
REP BY ITS EXECUTIVE DIRECTOR.
3. MEDICAL COUNCIL OF INDIA,
REP BY ITS CHIEF SECRETARY,
POCKET-14, SECTOR-8,
WP.12098/2018
2
DWARKA, PHASE-I,
NEW DELHI-110 077. ... RESPONDENTS
(AMENDED V/C/O DT.21.3.2018)
(By Sri SHIVAPRABHU S.HIREMATH, AGA FOR R1;
Ms.M.HEMALATHA, ADV. FOR Sri N.KHETTY, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT NO.2 TO RESERVE AND ALLOCATE THE SEAT IN
PGET 2018 FOR THE PERSONS WITH DISABILITIES, I.E., HEARING
IMPAIRMENT, AS PROVIDED UNDER SECTION 2(zc) AND 1C (a) AND
(b) OF THE SCHEDULE IN THE RIGHT OF PERSONS WITH
DISABILITIES, ACT, 2016 AS PER THE REPRESENTATION DATED
12.03.2018 AND THE GRIEVANCE SUBMITTED BY THE
PETITIONER, THORUGH ONLINE VIDE ANNEXURE-K AND L
RESPECTIVELY; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, B.S.PATIL, J., MADE THE FOLLOWING:
ORDER
1. Petitioner has participated in the common entrance test held for admission to Post Graduate course in medical science. Petitioner claims that he suffers from hearing impairment and is entitled for reservation under the said quota. It is alleged by him that when he approached the respondents bringing to their notice that no seats were reserved to the candidates with WP.12098/2018 3 disability of hearing impairment and requested to include such candidates also, respondents failed to consider his request.
2. Petitioner claims to have submitted a representation dated 12.03.2018 to respondents 1 & 2 vide Annexure-K. As no response is received by them, he has approached this Court seeking a direction against respondent No.2 to reserve one seat in PGET-2018 for persons with disability i.e., hearing impairment in terms of provisions of Right of Persons with Disabilities Act, 2016.
3. In response to the notice issued by this Court, respondent No.1 has filed statement of objections. In the statement of objections filed, it is stated that Medical Council of India (for short, 'MCI') has issued a Circular bearing No.MCI- PG-180375 dated 16.03.2018 to the Medical Counselling Committee, Directorate General of Health Services, Secretary, (Health/Medical Education) regarding implementation of the welfare legislation i.e., Rights of Persons with Disabilities Act, 2016 for admission to Post Graduate Courses for which counseling is underway for the year 2018. It is further stated in paragraphs 5 & 6 of statement of objections as under: WP.12098/2018 4
"5. That, consequently, on 20.03.2018, The Medical Counseling Committee, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India on its website for Post-Graduate counseling at All India Level has published, a notice for Physically Handicapped Candidates which states as under:
The candidates belonging to PH category are hereby informed that as per the NEW Post Graduate Medical Education Regulation (PGMER) of MCI, it has been decided by competent authority in Ministry that 5 percent reservation will be given to all physically handicapped candidate as per the benchmark of Social Disability Act, 2016. Hence, this is to inform all the PH category candidates that 21 disabilities (attached at Annexure-1) incorporated in "The Rights of Persons with Disabilities Act, 2016" are considered as eligible criteria, if they go beyond 40 percent disability. All the mentioned said categories with more than 40 percent may be considered as PH category candidate and there is no embarkation of PH-1 and PH-2.
6. That the respondents herein are also now adopting the aforesaid same norms for Physically Handicapped Candidates in its counseling in respect State Government Quota seats in the counseling PGET 2018 for PG Medical/Dental seats in Government/Private colleges in Karnataka being conducted by them and incorporating 5% reservation for PH candidates in the being finalized seat matrix."
WP.12098/20185
4. It is thus evident that a decision has been taken to provide 5% reservation for physically handicapped candidates for whom counseling is to be conducted. Statement of objections filed further makes it clear that such of the candidates who have registered online with Karnataka Examinations Authority for PGET-2018 would be asked to appear for medical examination before the Medical Board on 26.03.2018 and all candidates who would be found eligible for medical examination for physically handicapped quota would be invited for counseling and their case would be considered based on inter-se merit in the said quota.
5. In view of this stand taken by the respondents, which is also consistent with the communication issued by the MCI as referred to above, we are of the view that grievance made by the petitioner in this writ petition does not any longer survive for consideration.
6. Hence, placing on record the stand taken by the State Government and the submission made in this regard reiterating the said stand by learned Additional Government Advocate, this writ petition is disposed of. It is made clear that if the petitioner is found eligible for being considered under the quota WP.12098/2018 6 reserved for physically handicapped persons based on his merit, his case shall be considered in accordance with law.
SD/-
JUDGE SD/-
JUDGE PKS