Kartik Sharma vs State Of Rajasthan And Ors

Having participated in the NEET UG Examination, 2019 and being successful therein, the petitioner registered online for counselling to participate in the process for allotment of Medical College in the State of Rajasthan in the quota of persons with disability-as he is one suffering disability because of visual impairment. He was denied admission by the NEET UG Medical and Dental Admission/ Counselling Board, 2019 (hereafter 'the Admission Board') not finding him eligible under the person with disability category for admission in the MBBS Course.

The petitioner in the circumstances approached this Court in the petition (SBCWP No.11256/2019), where vide order dated 10.7.2019 the Court in the facts of the case directed that the Superintendent, Vardhman Mahavir Medical College and Safdarjang Hospital, Ansari Nagar, New Delhi constitute a medical board of three member for conducting the requisite two tests on the petitioner to determine his disability, one without assistive aid and other with assistive aid and then determine the extent of his disability and his entitlement or otherwise for admission into the MBBS Course, 2019 in the quota of persons with disability. The petitioner in compliance with the Court's order dated 10.7.2019 presented himself at Vardhman Mahavir Medical College and Safdarjang Hospital, Ansari Nagar, New Delhi on 12.7.2019, whereon a three member Medical Board constituted in terms of the Court's order, checked the petitioner's eyesight without assistive aid. It was found by the Medical Board that the petitioner visually suffered 60% disability without advance instrumental aids. As there was no facility with the VMOU for checking the eyesight with assistive aid i.e. advanced apparatuses, he was therefore required to report to All India Institute of Medical Sciences (AIIMS) at New Delhi on 15.7.2019 for this purpose. There his eyesight was checked with assistive aid/ advanced apparatuses and his eyes were found 6/12, 6/9. The Medical Board at AIIMS, however did not reflect the percentage of the petitioner's visual impairment with assistive aid. The petitioner's case is that the conclusion of the AIIMS/ Medical Board that with assistive aid his visual impairment was found 6/12 and 6/9 translates into a 30% disability with assistive aid in terms of the circular dated 13.5.2019 issued by the MCI relevant to the admission into the seats falling in the quota for persons with disability. The petitioner is thereon entitled to be considered for admission into the MBBS course 2019 against the quota in issue on his inter se merit in the category.

On the matter coming up before the Court on SBCMAP No.230/2019 in the petition, it was required that the Medical Board of the Counselling/ Admission Board, 2019 determine the petitioner's percentage disability i.e. visual impairment with assistive aid on the basis of medical tests conducted by the AIIMS for the purpose.

Consequently the petitioner's case was considered by the Medical Board of the Admission Board, 2019 again on 31.7.2019 and a certificate of disability has now been issued to him under the guidelines regarding admissions of students with "specific disability" under the Rights of Persons with Disabilities Act, 2016 in respect of admission into the MBBS Course, 2019. A copy of the said certificate has been passed over to the Court by Mr.Harshal Tholia during the course of hearing of the misc. application and is taken on record. It has been categorically stated in the said certificate that the petitioner suffers 30% disability i.e. visual impairment with assistive aid and is therefore eligible for admission into the MBBS Course 2019 against the state quota seat under the persons with disability category.

At this stage, Mr.Harshal Tholia submitted that the first and second round of counselling for admission to the State quota seats for MBBS/ BDS course, 2019 has been completed. He submitted that the petitioner can now only be considered for admission in the mop up round of counselling for MBBS admission if vacant seat in the quota in issue obtains.

Mr.Rajendra Kumar Soni counsel for the petitioner submitted that the delay in ascertaining the entitlement of the petitioner for admission in MBBS/ BDS Course, 2019 in the quota of persons with disability is wholly attributable to the admission board's lack of facilities to determine the extent of disability of those with visual impairment both without and with assistive aid. He submitted that in the meantime other candidates in the person with disability quota have been admitted and the Court would loathe to turn the clock back both to eschew prejudice to third party rights and administrative chaos affecting MCI notified calendar of MBBS Admissions.

Heard. Considered.

The capacity of the Court to do justice is not unlimited. It grapples with constraints of time and the need for integrity with underlying processes in MBBS admissions. In the instant case, it is indeed true that the petitioner was in the first instance not considered eligible to be granted admission in a seat in the quota of persons with disability not for reason of any failing on his part but for an imperfect system incapable as it was of evaluating his disability qua his visual impairment without assistive aid and with assistive aid as was warranted under circular dated 13.5.2019. In the first instance, the petitioner's medical test was held by the Medical Board constituted by the Counselling/ Admission Board, 2019 and he held not to be eligible in the persons with disability quota. Subsequent to the intervention of this Court and direction dated 10.7.2019 referred to above, he has been through two hospitals at New Delhi including at AIIMS and now found for reason of his disability attributable to visual impairment by the Medical Board of the Counselling/ Admission Board, 2019 to be entitled to admission on a seat in the MBBS Course in the quota of persons with disability. During this intervening period admissions into the MBBS Course through the first and second round of counselling are complete, and third party rights on seats in the persons with disability quota intervened. This Court cannot roll back the admissions already made and create a veritable chaos. It has to operate within the bounds of practicability and realism.

Consequently now I can only direct that the petitioner be considered on his merit in the mop up round of counselling for admission in a seat into the MBBS course, 2019 in the quota of persons with disability.

The civil misc. application stands disposed of accordingly.