H. P. RIYAZ Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) The petitioner has sought to issue a writ of mandamus to respondent No.2/The Karnataka Examinations Authority to consider his candidature under person with disability (PWD) quota for admission to MBBS course by taking into consideration the disability certificate at Annexure-A and to allot MBBS seat under OBC-PWD quota and further to quash the rejection of his candidature as per Annexure-D issued by respondent No.2.

(2.) The relevant facts leading to the filing of this writ petition are that, the petitioner having successfully completed his II PUC, participated in the NEET examination for admission to the under-graduate course namely MBBS course for the academic session 2023-24. He was held eligible in the NEET examination as he scored 219 marks out of 720 marks, the cut off score being 120- 107 for the reservation under OBC-PWD quota. He underwent medical examination on 25/7/2023. The respondent No.2 invited him for the document verification and to choose the colleges on 6/8/2023. After conducting counseling through Online, a list of under- Graduate (UG)-PWD candidate eligibility list was issued wherein, the petitioner was shown as not eligible at Sl.No.86.

(3.) The contention of the learned counsel appearing for petitioner is that, rejecting the admission of the petitioner under OBC-PWD quota to the under-Graduate MBBS course is violative of fundamental rights guaranteed under Articles 14 and 16 of the Indian Constitution. Respondent No.2 has considered the candidature of the persons whose percentage of disability is more than 60 to 70 percent and therefore the petitioner should have been similarly treated. He contends that in order to claim the reservation under PWD quota as per Annexure-E, one must have minimum disability of 40% and maximum of 80% and in view of the disability certificate of the petitioner, as per the rule he is eligible under the said quota. He contends that without considering the percentage of disability and activeness of the petitioner and though he is fit as his upper limbs are functioning properly, unilaterally and without application of mind, the petitioner's candidature has been rejected without assigning any reasons.