Monika vs Union Of India And Ors

The petitioner applied in the person with disability quota for writing the NEET UG 2019 Examination and was successful. She then applied in the State

quota seats for online counselling for allotment of a College for being admitted to and pursue MBBS Course as a person with disability as she had a

hip disarticulation entailing 90% locomotor disability without any assistive device. In terms of appendix H-1 to the Regulations on Graduation Medical

Education, 1997 as amended vide notification dated 13.5.2019, the petitioner was also to be examined for her locomotor disability for reasons of left

hip disarticulation with assistive device and for functional competency with the aid of such assistive device. And if thereupon her disability was

brought below 80% and she found to possess sufficient motor ability as required to pursue and complete the course satisfactorily, she was to be

admitted in the quota of person with disability. But this aspect of the petitioner’s locomotor disability with assistive device has not been examined

by the Medical Board constituted by the Chairman, NEET UG Medical and Dental Admission/ Counselling Board, 2019 (hereafter ‘the Admission

Board, 2019). She has instead been peremptorily found not entitled to admission to MBBS 2019 in the quota for persons with disability. Hence this

petition.

Mr.Vikas Kabra counsel for the petitioner submitted that the issue in this petition can be resolved and the eligibility of the petitioner to a seat in the

quota for person with disability settled finally in the event the petitioner is directed to be examined by a Medical Board of the Vardhman Mahavir

Medical College and Safdarjung Hospital, Ansari Nagar, New Delhi which is also notified for the purpose of ascertaining the disability of the

candidates and their entitlement to be admitted to MBBS course 2019 in quota of persons with disability in respect of 15% seats in the central quota.

He submitted that a similar direction has been issued in SBCWP No.11129/2019 titled Ghanesh Agrawal vs. Chairman, NEET UG Medical and

Dental Admission/ Counselling Board, 2019 on 2.7.2019.

Mr.Harshal Tholia appearing for Dr.V.B. Sharma, AAG submitted that he has instructions to state that in the event the petitioner were to be

examined for her locomotor disability with reference to her entitlement to be admitted to MBBS course in the quota for persons with disability by the

Vardhman Mahavir Medical College and Safdarjung Hospital, Ansari Nagar, New Delhi, the Chairman of the Admission Board, 2019, the respondent

would have no objection.

In view of the submissions made, I would direct the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital, Ansari

Nagar, New Delhi to constitute a 3 Doctor Medical Board for conducting the requisite locomotor disability test on the petitioner for ascertaining her

entitlement for admission to MBBS under the Regulation of 1997 as a person with disability. The requisite evaluation be done in accordance with the

Government of India notification dated 13.05.2019 issued in the exercise of powers conferred under Section 33 of the Medical Council Act, 1956 in

respect of the Graduate Medical Education Regulations, 1997 and relating to guidelines of admission to students with specified disabilities under the

Rules of 2017.The petitioner in the circumstance should present herself before the Principal / Superintendent Vardhman Mahavir Medical College &

Safdarjang Hospital, Ansari Nagar, New Delhi on or before 12.7.2019 for facilitating conducting the requisite disability test. In the event the petitioner

appears before the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital, Ansari Nagar, New Delhi on or before

12.7.2019, he is directed to constitute a 3 member Medical Board to have the petitioner medically first examined for the extent of her locomotor

disability without assistive devices and then with assistive aids and devices.

It goes without saying that the right of the petitioner for being considered by the NEET UG Medical Counselling, 2019 would be determined

accordingly for admission into the MBBS 2019 course against the State quota seat as a person with disability.

The writ petition stands disposed of accordingly.