Kushagra Sahi vs State Of Uttarakhand And Others

Pankaj Purohit, J

Petitioner submitted his candidature for NEET Entrance Examination-2024 under PwD (Persons with Disabilities) Male Category and he qualified in the said examination. The petitioner was required to submit his Disability Certificate of the said disability issued by the State Medical Board under the M.C.I. Regulations-2000 and M.C.I. Regulations-2019

The aforesaid certificate was issued on 23.08.2024 (annexure no.4), wherein disability of the petitioner was shown to be 50%. “Locomotor disability” and at the bottom of the said disability certificate it has been written as “Conclusion: that the petitioner is not eligible for admission in Medical/Dental Course as per MCI Gazette Notification subject to his being otherwise medically fit”.

It is this certificate which is put to challenge by the petitioner before this Court and further a direction was sought to constitute a separate medical board for proper re-examination of the disability of the petitioner and for a direction to pass a reasoned order, giving full particular of the disability in terms of M.C.I. Regulations-2019.

It is contended by learned counsel for the petitioner that the petitioner was also medically examined in Dr. Ram Manohar Lohia Institute of Medical Sciences on 04.07.2024. The certificate was issued by aforesaid medical institute is annexed as annexure no.7 to the writ petition and in that certificate a conclusion has been given on the basis of the examination of the disability that “the petitioner is eligible to pursue medical education and is also eligible for reservation as per N.M.C. (National Medical Commission) norms”.

Since there is contradiction in the two certificate issued by the Competent Authority, therefore in order to settle the dispute the petitioner can be referred to AIIMS, Rishikesh for further examining about his medical disability and to find out as to whether he is fit to pursue medical/dental course under PwD Category.

In this view of the matter, the writ petition is finally disposed-off. The Director, AIIMS, Rishikesh is hereby directed to convene a three member Medical Board of experts to examine the disability of the petitioner in terms of M.C.I. Regulations-2019 and to draw its own conclusion that as to whether the petitioner is eligible for pursing the medical/dental course or not, within a period of three days from the date of production of certified copy of this order.

The matter is expedited for the reason that as per guidelines issued by Hon’ble Supreme Court, admissions process should have been completed by the medical colleges by 30th September of each year.

The Director, AIIMS, Rishikesh is expected to get the needful done within the aforesaid time period. Till the decision is taken by AIIMS, Rishikesh, one post of PwD Male Category shall be kept vacant for the petitioner under the State quota.