SHUBHAM RAMKUMAR AGRAWAL Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner by way of this petition under Article 226 of the Constitution of India is basically challenging the decision of the respondents in placing petitioner in General category by placing him under said category and removal from the category of Persons With Disability which, according to him, is in violation of the notification dtd. 13/5/2019 published by the Board of Governors of Medical Council of India in Official Gazette, having notification No.MCI- 34(41)/2019-MED/112862 and has also sought for other reliefs noted hereunder:-

(2.) It appears that later on, during the course of hearing through Video Conferencing on 17/2/2022, two draft amendments dtd. 16/1/2022 and 27/1/2022 were tendered, which came to be allowed and by virtue of the said draft amendments, petitioner has sought a further relief to challenge Rule 6 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) (Amendment) Rules, 2018 and has prayed for same being declared as ultra vires of the Constitution of India and these amendments came to be allowed on 17/2/2022. In this background matter is placed before us for further consideration,

(3.) The case of the petitioner is that petitioner is a prospective under-graduate student who aspires to pursue the course of MBBS and as such has undertaken National Eligibility-cum- Entrance Test (UG) 2021 (NEET) in which he secured 69 percentile marks. The petitioner stated to be suffering from disability in the form of 'Genu Varum Deformity of Both Knee Joints', and having reason of such disabled condition, he is entitled to appear in NEET under the category of Persons With Disability (PWD) and in order to be able to be considered in the category of PWD, had to undergo an assessment from various Medical Councils and obtained Medical Disability Certificate.