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Judgment
Alok Aradhe, J
In this writ petition, the petitioner inter alia seeks a writ of mandamus directing the respondents to consider the application of the petitioner under person with disability quota as contemplated in the guidelines issued by the Medical Council of India. Alternatively, the petitioner has also prayed for a direction to consider the representation dated 08.11.2022 submitted by the petitioner.
Facts giving rise to filing of this writ petition briefly stated are, the petitioner is suffering from locomotive disability in his left hand. The disability certificate dated 06.10.2022 was issued to the petitioner by the District Hospital, Ballari, Karnataka, stating that the petitioner is suffering from locomotive disability and the disability suffered by the petitioner was assessed to the extent of 40%. It is pertinent to mention that the disability of the petitioner was considered under the Graduate Medical Education Regulations, 2018.
The petitioner on the basis of the aforesaid disability participated in the NEET examination in the year 2022 under a person suffering with disability. The Karnataka Examination Authority, Bengaluru, has announced the final result of the candidates under the person with disability category on 07.11.2022. The petitioner was declared ineligible under the aforesaid category. In the aforesaid factual background, the petitioner has approached this Court.
Learned Counsel for the petitioner while inviting the attention of this Court to the disability certificate issued by the Medical Authority, Bellari, submitted that the petitioner is entitled to participate in the aforesaid category as the petitioner is suffering from locomotive disability to the extent of 40%. However, on 07.11.2022, the petitioner has wrongly been declared to be ineligible.
Learned Counsel for the Karnataka Examination Authority submitted that the Board which was constituted to assess physical disability of the candidate did not mention the extent of disability suffered by the candidate including the petitioner.
In view of the aforesaid submission and in the peculiar facts of the case and taking into account the fact that the disability of the candidate belonged to physically challenged category has to be assessed under Graduate Medical Education Regulations (Amendment) 2019, we deem it appropriate to direct the petitioner to appear before the Head of the Orthopedic Department, Victoria Hospital, Bengaluru at 11.00 a.m on 26.11.2022, thereupon the Head of the Department shall examine the disability of the petitioner and shall submit the same to the Karnataka Examination Authority.
As fairly submitted by the learned Counsel for the Karnataka Examination Authority, the aforesaid report which may be submitted by the Head of the Department, Victoria Hospital, shall be acted upon by the Karnataka Examination Authority. Needless to state that in case the petitioner is found eligible to participate under the physically challenged quota, he shall be entitled to participate in mop-up round of counseling.
With the aforesaid directions, the petition is disposed of.