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Judgment
The petitioner has prayed that his candidature be considered for admission into the MBBS / BDS Course under NEET UG Medical and Dental
Admission / Counselling, 2018 in the category of physically handicapped (hereafter the ‘PH’) and that the Chairman, NEET UG Medical and
Dental Admission / Counselling Board, 2018 be directed to admit the petitioner into the MBBS / BDS course as per his merit in the PH category.
The petitioner participated in the NEET Examination, 2018 on 6.5.2018 under the physically handicapped (PH) category, in which he secured All India
Rank 495. The name of the petitioner was included in the merit list for State quota in the provisionally combined merit list dated 28.6.2018. Pursuant
thereto, the petitioner approached respondents for re-verification of his original documents as well as medical certificates. The petitioner’s
disability was got re-verified as per extant procedure through a duly constituted Medical Board by the Admission Board. The petitioner states that
thereafter from the list of physically handicapped candidates entitled to be considered for admission into MBBS / BDS Course, his name was deleted
on 2.7.2018. That exclusion from the list of candidates entitled to be considered for admission into MBBS/BDS Course, 2018 in the category of PH
despite an All India Merit 495 is impugned as illegal and arbitrary. It has been submitted that Notification dated 22.1.2018 issued by the Medical
Council of India in the exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956 amending the regulations of Graduate
Medical Education Regulations, 1997 provides that those who fulfill the disability criteria specified in the schedule to the Rights of Persons with
Disabilities Act, 2016 (hereafter ‘the Act of 2016’) would be entitled to be considered for admission in Graduate Medical / Dental Colleges. Mr.
Himanshu Jain for the petitioner submitted that the said Notification of 22nd January, 2018 inter-alia does not exclude any PH candidate from being
considered for admission to MBBS/BDS for reason of any particular disability or its extent, if he is otherwise meritorious in that category. Mr.
Himanshu Jain submitted that albeit the petitioner does indeed suffer from multiple exostosis with weakness and deformity in both upper and lower
limbs with difficulty in ADL ( Activities of Daily Living) as found by the Medical Board constituted by the UG Medical and Dental Admission / Board
Board, yet the petitioner cannot on that count with reference to his merit be denied admission into the MBBS Course, 2018 in the category of PH.
Mr. SK Gupta, AAG appearing for the Chairman, NEET UG Medical and Dental Admission / Counselling Board, 2018 submitted that for one this
petition is hit by laches. Mr SK Gupta pointed out that as per the petitioner’s own case he was excluded from the list of eligible PH candidates to
be considered for admission into MBBS / BDS course in the category of PH on 2.7.2018, and has yet approached this Court on 4.8.2018 â€" after
over a month - during which period the first and second round of counselling for admissions into MBBS / BDS Course, 2018 has been completed and
only the mop up round for admissions now remains. Mr. SK Gupta, further submitted that admissions to medical colleges albeit under the aegis of the
Chairman, NEET UG Medical and Dental Admission / Counseling Board, 2018 are proceeded with in terms of the Graduate Medical Regulations,
2017 and the instructions of the Medical Council of India. He submitted that in terms of instructions received from the Medical Council of India
flowing from the recommendations of a eight member Committee constituted primarily for the purpose of reservation under the Act of 2016 for
admissions into Graduate Medical and Dental Colleges to an extent of 5%, it has been provided that candidates who inter-alia suffer from involvement
of disability in both upper limbs will not be considered eligible. Mr. Gupta submitted that in this view of the matter, the petitioner suffering from multiple
exostosis with weakness and deformity in both upper and lower limbs with ADL difficulties has been excluded from the list of eligible candidates in
the PH category for admission into MBBS/ BDS course. Mr. SK Gupta further submitted that in view of the fact that admissions are being done on
the basis of instruction from the MCI and it has yet not been impleaded as party in this petition, this petition is also liable to be dismissed for a non
joinder of necessary party.
Heard. Considered.
From submission of Mr. SK Gupta and perusal of the Medical Council of India guidelines for admission of physically handicapped candidates into
MBBS/BDS course, it is apparent that physically handicapped candidates inter-alia with involvement of both upper limbs disability are not eligible for
admission into the Medical / Dental Course. The MCI guidelines are based on the report of a Committee constituted of 8 experts including Physical
Medicine & Rehabilitation, Otolaryngologist, Ophthalmologist, Hematologist, Psychiatrist, Neurologist, Medical Education alongwith a Member
Secretary. The said report dated 5th June, 2018 is subsequent to the Notification dated 22nd January, 2018 relied upon by counsel for the petitioner.
And admittedly as per the Certificate dated 30.6.2018 issued by the Medical Board, at the time of re-verification of the petitioner’s disability
certificate by the Medical Board constituted by the Admission Committee,  the petitioner was found to be suffering from multiple exostosis with
weakness and deformity in both upper and lower limbs with difficulty in ADL ( Activities of Daily Living). The said report has been signed by the
petitioner himself. That closes the door on the petitioner’s admission. Further the Medical Council of India, under whose guidelines the petitioner
has been excluded from the list of PH category candidates entitled to admission for MBBS / BDS course and has been denied admission, has not been
impleaded as a party in this petition. That leaves the petitioner even without recourse to a challenge to the MCI’s guidelines in issue which in any
event could be a subject matter of challenge before the
Division Bench as per the extant Rajasthan High Court Rules.
In view of aforesaid facts, I am of the considered view that there is no force in this petition. It is accordingly dismissed.Â