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Judgment
Alok Aradhe J
With the consent of the parties, matter is heard finally.
In this writ petition, the petitioner interalia seeks writ of mandamus directing the Karnataka Examination Authority to conduct medical re-examination of the petitioner by an independent expert committee to ascertain the extent of physical disability which the petitioner is suffering.
The facts giving rise to filing of this petition briefly stated are that petitioner completed her Pre-University Course conducted by the Central Board of Secondary Examination in the year 2021. Thereafter, she appeared for National Eligibility cum Entrance Test. The results of the aforesaid examination were declared on 01.11.2021. The petitioner is a general category candidate and has secured 1609 rank under person with disability quota. It is the case of the petitioner that she is suffering from specific locomotor disability with cerebral palsy.
The petitioner was examined by Regional Medical Board, Rajiv Gandhi Govt. General Hospital, Chennai and the aforesaid board found that the petitioner suffers from disability to the extent of 50%. However, it is the specific case of the petitioner that even though she is entitled to be considered under the category viz., persons with disability quota, yet as per the regulations framed by the Medical Council of India, she has been denied the benefit of the same by the Karnataka Examination Authority.
On the other hand, learned counsel for Karnataka Examination Authority submitted that the petitioner has to be examined by the State Medical Board to ascertain her disability and if the State Board finds the petitioner to meet the disability criteria so as to be eligible for admission under the disability quota, the Karnataka Examination Authority shall give effect to the recommendation of the State Medical Board. Learned Additional Government Advocate appearing for 1st respondent fairly submits that the State Government shall constitute a Medical Board within a period of three days and the aforesaid Board shall examine the petitioner and shall certify the percentage of disability that she suffers.
In view of the aforesaid submissions and in the facts of the case, we deem it appropriate to dispose of the writ petition with a direction that the State Government shall constitute a Board comprising of an Orthopedic Surgeon as well as a Neuro Surgeon to ascertain the disability of the petitioner within 3 days from today. The said Board shall notify the date of appearance to the petitioner. The petitioner shall appear on the said date before the board. The board thereafter shall examine the petitioner and shall issue a certificate with regard to the nature and extent of disability sustained by the petitioner. Needless to state that the Karnataka Examination Authority shall give effect to the recommendations made by the State Medical Board. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner.
Accordingly, the writ petition is disposed of.