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Judgment
The case of the petitioner is that he applied for admission into MBBS/BDS Course under ST-STA category. National Testing Agency (hereafter
‘the NTA’) conducted the National Eligibility cum Entrance Test (UG) 2019 (hereafter the ‘NEET UG, 2019) on 5.5.2019, result whereof
was declared on 5.6.2019. The office of the Chairman, NEET UG Medical & Dental Admission / Counselling Board, 2019 (hereafter ‘the
Counselling Board’) published the list of eligible candidates (ST-A) on 1.7.2019, wherein the petitioner’s name found place at Sr. No. 32
reflecting his combined State merit at Sr. No. 8082 in the NEET UG examination, 2019. In the said list, against the petitioner’s name, his additional
category ‘PwD’ was also mentioned. The petitioner participated in the counselling and allotted provisionally Sardar Patel Medical College,
Bikaner under ST-STA category by the Counselling Board for admission into MBBS Course subject to the decision of the High Court in SBCWP No.
8672/2019. The petitioner states that thereafter the respondents have not issued him allotment letter for admission into MBBS course at Sardar Patel
Medical College, Bikaner without any reason.
Hence this petition.
Mr. Hanuman Choudhary appearing for the petitioner submitted that the petitioner does not suffer from any illness and is fully fit to be admitted in the
ST-STA category into MBBS Course in Sardar Patel Medical College, Bikaner as per list of eligible candidates (ST-STA) published on 1.7.2019.
However, the petitioner is not arbitrarily being admitted apparently treated unfit. He prayed that the petitioner be evaluated by another medical board
for his fitness to be admitted into MBBS course, 2019 as the matter relating to his career cannot be left closed to scrutiny.
Mr. Harshal Tholia appearing for the respondents submitted that in the facts obtaining the petitioner should be referred to Vardhman Mahavir Medical
College & Safdarjang Hospital, Ansari Nagar, New Delhi which is notified also for verification of physical disability for admission in the quota of
physically disabled for admission to seats in MBBS courses in the Central quota seats, to be examined by a Medical Board for the purpose of
evaluating his fitness to be admitted to the MBBS course in terms of the MCI notification dated 13.5.2019.
In view of the submissions made, I would direct the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital, Ansari
Nagar, New Delhi constitute a 3 Doctor Medical Board to examine as to whether the petitioner is fit to be admitted to MBBS / BDS course in terms
of MCI Notification dated 13.5.2019.
The petitioner should present himself before the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital, Ansari Nagar,
New Delhi on or before 29.7.2019 for examining and assessing his fitness to be admitted to MBBS / BDS course in terms of MCI Notification dated
13.5.2019. In the event the petitioner appears before the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital,
Ansari Nagar, New Delhi on or before 29.7.2019, the Principal / Superintendent Vardhman Mahavir Medical College & Safdarjang Hospital is
directed to constitute 3 member Medical Board to have the petitioner medically examined for assessing his fitness to be admitted to MBBS / BDS
course in terms of MCI Notification dated 13.5.2019.
It goes without saying that the case of the petitioner for being considered fit for admission into MBBS course against the State quota seat in the ST-
STA category provisionally allotted to him would be determined by the Counselling Board, 2019 accordingly.
The writ petition stands disposed of accordingly.