GRUHIT Vs. UNION OF INDIA

JUDGEMENT

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

(2.) The petitioner suffers from hearing disability. The petitioner has been certified as a case of hearing impaired and has been issued disability certificate by the Medical Authority, Nagpur as suffering from 57% permanent disability in relation both his ears as per the certificate dtd. 30/6/2022 issued by the Medical Authority, Nagpur His right ear is found to be deformed and he is required to use hearing aid for his left ear as per the certificate of medical fitness dtd. 25/7/2023 issued by Borkar Multi-Speciality Hospital. Since the petitioner sought to prosecute his higher studies and participated in the National Eligibility cum Entrance Test (UG-2023) and secured All India Rank 678572, he sought to seek admission through the State Common Entrance Test Cell. He was examined by the Disability Board constituted by the All India Institute of Medical Sciences, Nagpur and his disability was certified at 34%. Since the petitioner has been found eligible to pursue medical education but he is not eligible to claim Persons with Disability (PwD) reservation, the petitioner has challenged assessment of his disability to the extent of 34% by the Disability Board on 18/7/2023. In the alternate, it is prayed that the petitioner may be permitted to submit himself to any other institution duly certified for assessing his disability.

(3.) Shri A.M.Quazi, learned counsel for the petitioner by referring to the Notification dtd. 4/1/2018 issued by the Ministry of Social Justice and Empowerment in the context of Chapter III A submitted that the Disability Board was not justified in conducting the ABR test as prescribed in Clause 20.2.1 since the Air Conduction Threshold (ACT)without indicating that the said test was non- reliable. Inviting attention to the medical reports placed on record by the Disability Board, it was submitted that insofar as the petitioner's right ear was concerned, the same evaluated at 85 dB. The left ear was stated to have moderately suffering mixed hearing loss and was assessed at 67 dB. On that basis percentage of disability was taken at 34%. Since the petitioner suffered from complete deformity of the right ear, there was no question of inserting any head phone in his right ear. Despite that the report of the Disability Board stated that head phones had been inserted in both the ears. Further, the BERA test though stated to be done under natural sleep, the same was done when the petitioner was awake. That report also stated that the head phones had been inserted in both the ears. Considering the petitioner's deformity, this was not possible. It is therefore submitted that the assessment of disability was incorrect and a certificate dtd. 18/7/2023 could not be relied upon for holding the petitioner not eligible for PwD reservation. It was thus submitted that if disability was correctly assessed, the same would be 57.1%. It was thus submitted that the petitioner be treated to be eligible for the benefit of PwD reservation.