RUGWEDA RAMDAS DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is before us contending that she has participated in the MBBS admission process for the academic year 2020-21. She applied under the disability quota (PWD). She says that she suffers from congenital deformity in both ears being mixed hearing impairment. In so participating, she relied on a certificate dated Nil issued by a Civil Surgeon, S.C.S.M. General Hospital, Solapur. This certificate was obtained by her when she was ten years in age. She also refers to a disability certificate issued to her by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India by its Medical Authority, Solapur, Maharashtra, which certified that she has a hearing impairment, the diagnosis being "Right Ear: Moderately severe mixed hearing loss, Left Ear: Mild to severe mixed hearing loss". The disability is certified to be forty eight percent in relation to the part of body, as per the guidelines.

(2.) Under the admission procedure undertaken by the State Authority, she was referred to the "Grant Government Medical College and Sir. J.J.Group of Hospitals, Mumbai", which is one of the designated institution to certify the PWD candidates, for confirmation/certification of her disability. She was accordingly examined by the medical board of this institution which recorded a finding of her right ear being moderately severe mixed hearing loss and the left ear hearing sensitivity to be within normal limits. The Grant Medical College & Sir.J.J.Group of Hospitals, Mumbai, accordingly disqualified her for a medical admission under the disability quota.

(3.) The petitioner has contended that the petitioner was selected for admission to the Dr.V.M.Government Medical College, Solapur in the PWD quota. She says that she had joined the said medical college. She contends that being not satisfied with the disability certification as made by the "Grant Medical College and Sir.J.J.Hospital", she re- approached the "Grant Medical College and Sir.J.J.Hospital", who as per her parents desire, by its letter dated 19 November 2020, referred her to Ali Yavar Jung National Institute of Speech and Hearing Disabilities Divyangjan, Bandra West, Mumbai. She contends that the said institute would not be in a position to immediately examine her and certify her claim on the disability. She says that such delay would cause serious prejudice to her inasmuch as her admission to the Dr.V.M.Government Medical College, Solapur, is likely to be cancelled.