SURUCHIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties.

(2.) The petitioner, who is having disability certificate dtd. 11/11/2022 certifying her permanent disability to 40% being a case of High Myopia with Myopic degeneration (BE) with keratoconus (BE), seeks declaration that she is entitled to participate in the counselling process for admission under the NEET-UG-MBBS-23 course. Since the petitioner has been issued a certificate of disability for NEET admission on 10/7/2023 indicating her disability to be 0% with remark that her bilateral keratoconus is likely to progress, the present writ petition has been filed. A challenge is raised to the said certificate dtd. 10/7/2023 in the light of Sec. 56 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as 'Act of 2016') read with Rule 18 of the Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as 'Rules of 2017).

(3.) According to the petitioner, by virtue of certificate dtd. 11/11/2022, she is entitled to seek admission in the persons with disabilities under the PwD quota since her disability has been indicated to be 40%. Under the guidelines notified by the Government of India on 04. 01.2018, while seeking admission at the respondent no.3-Institute, she was examined and disability certificate dtd. 10/7/2023 was assessed indicating her disability to 0%. It is submitted by the learned counsel for the petitioner that in view of provisions of Sec. 56 of the Act of 2016, the guidelines dtd. 4/1/2018 has been framed and by following the procedure prescribed by Sec. 58 of the Act of 2016, the petitioner was examined. It is her case that since the certificate dtd. 11/11/2022 is of the permanent nature, the petitioner is entitled to rely upon the same to seek such admission in PwD quota. Reliance is placed on the judgment of the Delhi High Court in the case of Anmol Kumar Mishra (Minor) .vs. Union of India and others, 2021 SCC OnLine Del 5148 in that regard.