Rajasthan High Court - Jaipur
Sanskar S/O Hansraj vs Union Of India on 29 November, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.15783/2022
Sanskar S/o Hansraj, Aged About 17 Years, Resident Of 2 N 3,
Vigyan Nagar, Kota Permanent Address Near Vikram Medicos,
Bhojalal Road Ward No. 40, Sujangarh, Churu- 331507 (Raj.)
Minor Through Natural Guardian Father Hansraj.
----Petitioner
Versus
1. Union of India, through Secretary, Department of Health
and Family Welfare, Govt. of India, Nirman Bhawan, New
Delhi-110011.
2. Director General of Health Services, (Ministry of Health
and Family Welfare), Room No. 444-A/446-A, Nirman
Bhawan, Maulana Azad Road, New Delhi-110001.
3. Medical Council of India, through its Secretary, Pocket-14,
Sector-8, Dwarka Phase-1, New Delhi-110077
4. Chairman, NEET UG Medical and Dental
Admission/Counseling Board-2022, RUHS College of
Dental Science (Government Dental College), Subhash
Nagar, Behind T.B. Hospital Jaipur.
----Respondents
For Petitioner(s) : Mr.Pradeep Mathur, Adv. For Respondent(s) : Dr.V.B. Sharma, AAG with Mr.Harshal Tholia, Adv.
Mr.Angad Mirdha, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 29/11/2022 This Court in the present writ petition on 19.10.2022 had directed the Medical Board to be constituted for examining the petitioner for the purpose of issuance of disability certificate for the purpose of grant of admission of the petitioner in the MBBS Course.
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(2 of 3) [CW-15783/2022] The review Medical Board was accordingly convened and certificate dated 21.10.2022 has been issued, where, again the petitioner has not been found eligible for grant of certificate of disability and the Medical Board has opined that due to insufficient strength and reduced active range of motion in right shoulder elbow, wrist and hand, the petitioner cannot be considered for grant of such certificate.
Learned counsel for the petitioner submitted that the respondents have issued list of Disability Certification Centres which will issue Disability Certificate as per NMC Norms to PwD Candidates and counsel refers to Serial No.8 i.e. SMS Medical College, Jaipur where such College is authorized to issue certificate of disability except 1.Neurology-Genetic Testing, 2.ENT- Speech & Language Disability Testing and Orthopaedics/PMR-- Gonitometer Adult. Plumb Line, Hand Dynomometer, Laser.
Learned counsel for the petitioner submitted that even if the Review Medical Board has been convened, since the SMS Medical College, Jaipur did not have sufficient equipment to judge the disability of the petitioner as he belongs to Orthopaedically disabled person and as such, direction may be given by this Court for medical examination of the petitioner at the Centre, where they can issue the disability certificate for all disabilities, which have been provided for the purpose of grant of reservation.
Learned counsel for the petitioner submits that the petitioner at his own risk is prepared to appear before the Lady Hardinge Medical College and Associated Hospitals (LHMC), New Delhi, as mentioned at Serial No.15 in the list of Disability Certification Centre and such institute can issue disability certificate in respect of all the disabilities. (Downloaded on 01/12/2022 at 12:33:00 AM)
(3 of 3) [CW-15783/2022] Learned counsel for the respondents-State Mr.Harshal Tholia, after seeking instructions from the Convener Dr.Sandeep Tandon, submitted that the respondents do not have any objection if the petitioner can appear before the Disability Certification Centre i.e. at Lady Hardinge Medical College, New Delhi.
This Court accordingly permits the petitioner to appear before the Medical Superintendent of Lady Hardinge Medical College, New Delhi for judging his disability for the purpose of grant of disability certificate.
This Court expects that the Medical Superintendent of the aforesaid Medical College, will undertake the requisite exercise in the expeditious manner, as the matter relates to admission in MBBS Course, as second round of counselling has already been conducted and it is the Mop-up round of counselling, which is now to be conducted by the respondents-Authorities.
This Court further expects that immediately on presentation of copy of this order, the Medical Superintendent of Lady Hardinge Medical College, New Delhi, may constitute a Medical Board, for undertaking the requisite exercise expeditiously.
The petitioner on his examination may be given copy of requisite medical certificate and the same certificate may also be uploaded by the Authorities of Lady Hardinge Medical College, New Delhi.
List on 05.12.2022.
(ASHOK KUMAR GAUR), J Himanshu Soni/2 (Downloaded on 01/12/2022 at 12:33:00 AM) Powered by TCPDF (www.tcpdf.org)