Karnataka High Court
Divya Sunil Parvatrao vs The State Of Karnataka on 15 February, 2022
Bench: Alok Aradhe, M.G.S. Kamal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
W.P. NO.2947 OF 2022 (EDN-MED-ADM)
BETWEEN:
DIVYA SUNIL PARVATRAO
D/O SUNIL PARVATRAO
AGED ABOUT 18 YEARS
NO.2785-B, OPPOSITE BSNL OFFICE
POST ROAD, SANKESHWAR
BELGAUM-591313.
.... PETITIONER
(BY MR. SARAVANA S, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES (MEDICAL)
M S BUILDING, BENGALURU-560 001.
2. KARNATAKA EXAMINATION AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESWARAM, BENGALURU -560 012
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
... RESPONDENTS
(BY MR. BOJEGOUDA T. KOLLER, AGA FOR R1
MR. N.K. RAMESH, ADV., FOR R2)
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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO
ALLOT HER ADMISSION SEAT TO THE PETITIONER UNDER THE
PWD QUOTA IN THE TOP-FIVE INSTITUTION AS PER THE OPTION
PREFERENCE LIST PRODUCED AT ANNEXURE-G IN U.G. COURSE
MBBS FOR ACADEMIC PROGRAMME 2021-2022 IN
CONSIDERATION OF THE ELIGIBILITY CERTIFICATE ISSUED BY
THE DESIGNATED CERTIFYING AUTHORITIES OF MCC AS PER
ANNEXURE-E AND. PASS SUCH OTHER ORDER OR ORDERS.
THIS W.P. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
Mr.Saravana S., learned counsel for the petitioner. Mr.Bojegouda T.Koller, learned Additional Government Advocate for the respondent No.1.
Mr.N.K.Ramesh, learned counsel for the respondent No.2.
In compliance of the order dated 09.02.2022 passed by this Court, the report about visual impairment of the petitioner has been submitted to this Court in a sealed envelope. The sealed envelope was opened in the presence of Dr.Srinivasa K.H. and Dr.Tanushree V, Assistant Professors of Regional Institute of Minto Opthalmic Government Hospital, Bengaluru.
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2. Dr.Srinivasa K.H. and Dr.Tanushree V, Assistant Professors who are present before this Court, stated that the petitioner suffers from visual impairment to the extent of 40% and the visual disability can be brought down to the level less than the Bench mark of 40% with advanced low vision aids. The aforesaid statement made before this Court is taken on record.
With consent of the parties, the matter is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of mandamus to the Karnataka Examination Authority to allot admission seat to the petitioner in Under Graduate MBBS course for the academic year 2021-22 under persons with disabilities quota.
4. The petitioner had participated in the NEET examination for admission to the Under Graduate course namely MBBS course for the academic session 2021-22. The petitioner was held eligible in the NEET examination. The petitioner suffers from visual impairment. She therefore 4 subjected herself to medical examination before the authority prescribed by Central Government for assessing the disability i.e. Goa Government Medical Hospital. The aforesaid hospital, after subjecting the petitioner to examination, submitted a report that the petitioner is suffering from visual impairment to the extent of 40% and the same can be brought down to the level below 40% with advanced low vision aids. Thereafter, the petitioner was subjected to medical examination by the Regional Institute of Minto Opthamalic Hospital, which also found the petitioner to be visually impaired. However, the Karnataka Examination Authority referred the petitioner to the Clinical Board which assessed the disability of the petitioner at 10%. In the aforesaid factual background, the petitioner has approached this Court seeking the relief as stated supra.
5. In view of the contradictory reports on record, this Court, by an order dated 09.02.2022, had directed the Board of Regional Institute of Ophthalmology, Minto Opthalmic Government Hospital, Bengaluru to examine the petitioner and submit a report in a sealed cover. In pursuance of the 5 aforesaid order, a report has been supplied to this Court in a sealed cover. In the presence of Dr.Srinivasa K.H. and Dr.Tanushree V, Assistant Professors, the sealed cover is opened. It is stated in the report that the petitioner suffers from visual impairment to an extent of 40% which can be brought down to a level less than 40% through advanced low vision aids. The criteria for consideration of the admission of the petitioner for the seats reserved under the 'Specific Disabilities' category as per the Under Graduate Medical Education Regulations (Amendment), 2019 reads as under:
S. Disability Type of Specified Disability Range No Type Disabilities Disability Eligible Eligible Not Eligible for for for Medical Medical Medical Course Course, Course, Not Eligible Eligible for PwD for PwD Quota Quota
1. Physical B.Visual a. Less than - Equal to or Disability Impairment Blindness 40% more than (*) b. Low disability 40% vision disability C. Hearing a. Deaf Less than Equal to or impairment b. Hard of 40% more than @ hearing disability 40% disability (*) Persons with visual impairment / visual disability of more than 40% may be made eligible to pursue MBBS course and may be given reservation, subject to the condition that the visual disability is brought to a level of less than the benchmark of 40% with advanced low vision aids
6. Thus, from perusal of the aforesaid examination report dated 10.02.2022 as well as the requirement laid 6 down in Under Graduate Medical Education Regulations (Amendment), 2019, it is evident that the petitioner is eligible to be considered under the persons with disabilities quota as she suffers from visual impairment.
7. Accordingly, the respondent No.2 is directed to consider the candidature of the petitioner under the persons with disabilities quota in the second round of counselling to be held for admission to Under Graduate MBBS course as well as in the subsequent rounds of counselling.
In the result, the petition is disposed of.
Sd/-
JUDGE Sd/-
JUDGE RV