KABIR PAHARIA Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) Present appeal has been preferred under Clause X of the Letters Patent Act, 1866 assailing the judgement dtd. 10/9/2024 passed by the learned Single Judge whereby the underlying writ petition bearing W.P.(C) 12165/2024 filed by the appellant was dismissed. The appellant also seeks quashing of the NEET Disability Certificate issued by respondent no.2 as well as the Medical Report of the AIIMS, New Delhi dtd. 6/9/2024; and prays for declaring the appellant eligible to pursue medical courses and allowing him to take part in the ongoing counselling process. Alternatively, the appellant seeks re-evaluation and re-assessment of his suitability to pursue MBBS course notwithstanding the impugned Regulations. A challenge is also made to Footnote 3 to Appendix H-1 to the Competency Based Medical Education Curriculum (CBME) Regulations, 2023 being ultra vires Articles 14 and 19(1)(g) of the Constitution of India, 1950 and violative of the Rights of Persons with Disabilities Act, 2016, along with directions to the respondent no.1 to issue fresh Regulations/Guidelines in this respect.

(2.) The appellant had appeared for the National Eligibility-cum-Entrance Test (Undergraduate), 2024 Examination (for short 'NEET (UG) 2024') as an SC-PwD category candidate. His disability percentage was recorded at 42% as per his Disability Certificate dtd. 9/12/2023, which is a benchmark disability as defined under Sec. 2(r) of the Rights of Persons with Disabilities Act, 2016 (for short 'RPwD Act').

(3.) The National Testing Agency had conducted the NEET (UG) 2024 on 5/5/2024, for which the results were announced on 4/6/2024, and a revised scorecard was issued on 26/7/2024. The appellant secured 542 out of 720 marks, placing him at PwD Category Rank 176, well above the cut-off score for the SC/EWS-PwD category. He became eligible for the next stage in the admission process, which required issuance of a Certificate of Disability for NEET Admissions from a designated Disability Certification Centre. On 16/8/2024, the appellant had approached Vardhman Mahavir Medical College - Safdarjung Hospital (for short 'VMMC-SJ Hospital'), a recognized Disability Certification Centre in New Delhi.