Andhra Pradesh High Court - Amravati
Ganjam Hemanth vs The State Of Andhra Pradesh on 11 July, 2019
HONOURABLE SRI JUSTICE A.V. SESHA SAI
AND
HONOURABLE SRI JUSTICE M. VENKATA RAMANA
WRIT PETITION No.8859 of 2019
ORDER:(Per AVSS,J) Heard the learned counsel for the petitioner, learned Government Pleader for Medical Health and Family Welfare appearing for the 1st respondent, Sri S. Vivek Chandara Sekhar, learned Standing Counsel for Medical Council of India appearing for the 2nd respondent and Sri Taddi Nageswara Rao, learned Standing Counsel for Dr. N.T.R. University appearing for respondents 3 & 4.
2. In the present writ petition, the petitioner herein is seeking a declaration that the disability certificate issued by the committee of the 2nd respondent as 25% as illegal, arbitrary, unconstitutional, and the petitioner herein is also praying for a consequential direction to the 2nd respondent to treat the disability of the petitioner under the certificate issued by the Government of Andhra Pradesh, vide proceedings I.D.No.07109840250000049, dated 26.08.2017.
3. The petitioner herein appeared for NEET Entrance Examination 2019 in which he secured All India Rank of 3,87,018 and State Rank of 14000. The sum and substance of the case of the petitioner is that the Medical Board constituted under G.O.Ms.No.31, Women Development, Child Welfare & Disabled Welfare (DW) Department, dated 01.12.2009 issued a certificate, certifying the disability of the petitioner herein as 77%, which is valid for lifetime and that the said certificate should be taken into consideration by the respondent herein for allotting a seat. 2
AVSS,J & MVR,J W.P.No.8859/2019 On the contrary, it is contended by the learned Standing Counsel for the Medical Council of India and learned Standing Counsel for respondent- University that the said contention of the learned counsel for the petitioner herein cannot be sustained having regard to the Regulations issued by the Medical Council of India and the amendment carried out and notified vide G.O.Ms.No.126, Health, Medical and Family Welfare (C1) Department, dated 24.07.2017, amending Rule 9 of the Rules notified by G.O.Ms.No.183 HM&FW (E1) Department, dated 30.06.2004.
4. A perusal of the material available on record discloses that as per the Medical Council of India Regulations, a person with less than 40% disability is eligible for medical course but not eligible for PH quota. In the instant case admittedly, the petitioner herein is claiming under PH quota. It is required to be noted that the amendment inserted by way of note to Rule 9 (3) (a) (iii) notified by G.O.Ms.No.126, dated 24.07.2017 reads thus:
"In Rule 9, the (*) Note: after sub sub rule (iii) of sub rule 3(a) of G.O.Ms.No.183,HM7FW(E1) Department, Dated 30.06.2004, the following shall be substituted:
Note: 3% Reservations to Physically challenged (PH) candidates: the reservations to Physically Challenged Candidates shall be implemented in each category on the total number of seats for that category in MBBS and BDS Courses separately.
Dr. NTR University of Health Sciences shall constitute a Medical Board comprising of Professors of Orthopaedics and General Medicine Departments from Government Medical Colleges including SVIMS. The candidate should appear before the board constituted for assessment of percentage of disability as per the norms of the Government. The decision of the Medical Board constituted by the University is final in all respects. The University will notify the list of eligible candidates on the website for exercising options. The candidate should fulfil the eligibility criteria as per Medical Council of India norms as follows:3
AVSS,J & MVR,J W.P.No.8859/2019 Reservation to Physically challenged candidates is applicable to locomotor disorders of lower limbs with disability between 50% to 70% as category-I and between 40% to 50% as category-II."
5. The above said Rules i.e., the Andhra Pradesh Government Professional Institutions (Regulation of Admissions into Undergraduate Medical and Dental Professional Courses) Rules, 2004, were framed by the State government in exercise of the powers conferred by Sections 3 and 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. Rule 9 of the said Rules framed by the State Government deals with admissions into Undergraduate Medical and Dental Professional Courses. It is very much clear from a reading of the above said Rule that the University is empowered to constitute Medical Board comprising of Professors of Orthopaedics and General Medicine Departments in Government Medical Colleges including SVIMS. It is also very much clear from the said Rule that the decision of the Medical Board so constituted is final in all respects. Therefore, the contention advanced on behalf of the petitioner herein, by the learned counsel that the certificate issued by the competent authority under G.O.Ms.No.31, dated 01.12.2009 should alone be taken into consideration by the respondents herein, during the process of allotment of seats, in the considered opinion of this Court, cannot be sustained having regard to the said Rules, referred to supra and the Medical Council of India Regulations noted above. Therefore, this Court does not find any merit in this writ petition. 4
AVSS,J & MVR,J W.P.No.8859/2019
6. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________ A.V. SESHA SAI, J ______________________ M. VENKATA RAMANA, J 11th July, 2019 Js 5 AVSS,J & MVR,J W.P.No.8859/2019 HONOURABLE SRI JUSTICE A.V. SESHA SAI AND HONOURABLE SRI JUSTICE M. VENKATA RAMANA WRIT PETITION No.8859 of 2019 (order of the Bench delivered by Hon'ble Sri Justice A.V. Sesha Sai) 11th July, 2019 Js.