OMKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The perusal of the certificate of disability for NEET admission dtd. 16/8/2024 would reveal that the petitioner has been disqualified only on the basis of the percentage of speech and language disability. The Certifying Authority came to the conclusion that since the persons having speech and language disability above 40 per cent are not eligible as per extant regulation, the petitioner is ineligible since his disability is to the extent of 44 per cent.

(2.) In another case having similar facts this Court, in Writ Petition(C) No. 793 of 2022, had directed the petitioner therein, who was suffering from 55% speech and language impairment to be examined by an independent Medical Board which was required to submit a report on whether the petitioner therein would be in a position to pursue the course of studies for the MBBS Degree programme.

(3.) We, therefore, direct the Dean, Byramjee Jeejeebhoy Government Medical College, Pune (for short "BJGMC ") to constitute a Medical Board consisting of one or more specialists, having domain expertise pertaining to the impairment faced by the petitioner. The Medical Board shall specifically examine as to whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course.