DARSHANA DAUGHTER OF LAXMIKANT HATWAR Vs. STATE OF MAHARASHTRA, MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT, THROUGH ITS SECRETARY, MANTRALAYA PREMISES, MUMBAI

JUDGEMENT

(1.) Petitioner through her Advocate has sought leave to delete the respondent no.5 not being a necessary party. The learned Adv., for other respondents has no objection for such deletion.

(2.) The petitioner, who has passed her XIIth Standard Examination and who wants to appear for NEET Examination for Medical Courses, has approached this Court for issuing necessary directions to respondent nos. 1,2 and 4 to have a proper evaluation of her medical examination by the Special Medical Board. Her disability falls under "Hemophilia" to the extent of twenty per cent and hence she was held not eligible for admission to medical courses. This Certificate dated 7.2018 was issued by Grant Medical College, Mumbai. This certificate is signed by Dean, Heads of Departments of Medicine, Orthopedics, Neurology, and by Medical Superintendent of Grant Govt. Medical College, Mumbai. The grievance of the petitioner is two fold - [1] she is challenging the constitution of the Medical Board, and [2] the percentage of disability ascertained by the Medical Board is not correct.

(3.) The petitioner relied upon the definition of "Person with Benchmark Disability",as laid down under Section 2 (r) and the definition of Specially "Specified Disability" laid down under Section 2 (x) (c) of Rights of Persons with Disabilities Act, 2016.