CHANDANI PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner, a physically handicapped candidate, has preferred this writ petition under Article 226 of the Constitution of India seeking quashment of the physical disability certificate dated 29-12-2020 (Annexure P/1) issued by the State Medical Board/respondent No.5 with further prayer of a direction to the said respondent to reconsider the physical disability of the petitioner in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 (henceforth 'the Act, 2016'). Petitioner also prays for quashment of the scrutiny receipt dated 29-12-2020 (Annexure - P/2), which has resulted in denial of admission in the first year MBBS course in any Medical College in the State of Chhattisgarh.

(2.) The facts of the case lie in a narrow compass. The petitioner participated in the NEET National Eligibility-cum-Entrance Test qualifying examination and obtained a score of 190 marks thus becoming eligible to take admission in the MBBS course. She appeared for counseling as a Physically Handicapped person on 17-12-2020, but the counseling was adjourned and the petitioner was directed to submit a medical certificate issued by the State Medical Board with the regard to her disability. Since the petitioner was not able to obtain required disability certificate within time as the last date of counseling was 23-12-2020 she preferred WPC No.3338 of 2020 in which an interim order was passed by this Court. Pursuant to the interim order passed by this Court, the petitioner appeared before the State Medical Board on 29-12-2020 and was issued a certificate (Annexure -P/1) finding that her physical disability is 20%.

(3.) Since admittedly for being eligible for admission in the physical handicapped category the candidate has to suffer minimum 40% disability the petitioner became disqualified and now the present petition has been filed for quashment of certificate (Annexure - P/1); for reconsideration of her physical disability; and for quashment of the scrutiny receipt.