ANJALI SONKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The student who appeared in NEET- 2022 has sought for seeking admission under the PwD (Person with Disability) Quota which was disallowed by the State.

(2.) Today the case was assigned by Hon'ble the Chief Justice and since the winter holidays are intervening and the urgency was projected, the case was heard finally today itself, as the counseling process would be closing on 21/12/2022.

(3.) The petitioner claims that she possessed the certificate of disability issued by the District Medical Board, Rajnandgaon. The petitioner seeks M.B.B.S. admission in the Government Medical College, Mahasamund, C.G., under the PwD category. Along with writ has been sought that Rule 5(2) (b) of the Chhattisgarh Chikitsa, Dant Chikitsa Evam Bhowtik Chikitsa (Physiotherapy) Snatak Pravesh Niyam, 2018 (in short 'the Rules, 2018'), which was published in the State Government Gazette dtd. 25/5/2018 be declared as ultra vires to the provisions of the Rights of Persons with Disabilities Act, 2016 (for short 'the Act, 2016'); further relief is also sought that the certificate of disability issued by the District Medical Board, Rajnandgaon, under Rule 18 of the Rights of Persons with Disabilities Rules, 2017 (for short 'the Rules, 2017') be declared as valid and legal; the petitioner also sought that the notification dtd. 13/5/2019 issued by the Government of India be declared as unconstitutional and ultra vires to the provisions of the Act, 2016. The petitioner further seeks quashment of the order dtd. 8/12/2022 passed by the State Medical Board.