NIKHIL KUMAR NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Rajeev Shrivastava, learned senior counsel, assisted by Mr. Sourabh Sahu, learned counsel, appearing for the petitioner. Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, alongwith Ms. Anmol Sharma, learned Central Government counsel, appearing for the respondents No. 1 and 2, Mr. Jitendra Pali, learned Deputy Advocate General, appearing for the respondents No. 3 to 5 as well as Mr. Ranbir Singh Marhas, learned counsel, appearing for the respondent No. 6.

(2.) Pursuant to the order of this Court dtd. 10/1/2023, Dr. Vishnu Dutt, Director, Medical Education, Raipur, and Dr. Vinod Tandon, Demonstrator, Chhattisgarh Institute of Medical Sciences, Bilaspur, are also present.

(3.) The petitioner appeared in the National Eligibility cum Entrance Test (UG) " 2022 and secured 175 marks out of 720. The petitioner took part in the counselling process and a provisional allotment letter was issued to him on 3/11/2022 allotting a seat in MBBS course in Government Pandit Jawaharlal Nehru Memorial Medical College, Raipur, in Physically Handicapped (PH) quota. On 5/11/2022, the petitioner appeared before the Counselling Committee, Directorate of Medical Education, where he was found to be eligible for admission. However, on the next date, he was informed that the physical disability certificate submitted by him was not in the prescribed proforma and that the same had not been issued by the Chhattisgarh State Medical Board, as required under the Chhattisgarh Chikitsa, Dant Chikitsa Evam Bhautik Chikitsa (Physiotherapy) Snatak Pravesh Niyam, 2018 (for short, the Rules of 2018). He was accordingly directed to submit physical disability certificate by 8/11/2022. The petitioner approached the State Medical Board and requested for his physical examination and also to issue physical disability certificate. The petitioner was not examined without assigning any reason as a result of which, the petitioner could not secure admission in Government Pandit Jawaharlal Nehru Memorial Medical College, Raipur.