SOJAL AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is preferred under Article 226 of the Constitution seeking following reliefs:-

(2.) Precisely stated facts of the case are that petitioner is a student and after clearing his High School Examination, he participated in the National Eligibility Cum Entrance Test (NEET) Under Graduation Course (U.G.), 2021. Petitioner participated in the examination under the category 'Person with Disability' (PwD). According to him, he has disability up to 65% in his left arm and disability certificate in that behalf is issued by the Government District Hospital, Morena (Annexure P-4).

(3.) Petitioner stood successful in the examination and secured 2391 rank. In the Madhya Pradesh State Combined NEET-UG Counselling 2021, petitioner was allotted Government Medical College, Datia (respondent No.3 herein) under 'Unreserved Physically Handicapped' category (UR-PH-OP). According to the petitioner, he was eligible under the Mukhyamantri Medhavi Vidyarthi Yojna for waiver of college fee, thus, remaining fee was deposited by the petitioner. Before granting admission, medical checkup of petitioner was also done by the Medical Board, Datia. Therefore, according to the petitioner, it was the case where petitioner rightly got admission on merits being PwD. Later on, it appears from the proceedings that Dean of the Medical College found that since petitioner is handicapped by his one hand (left hand) therefore, he cannot become a doctor. Hence, the said authority passed an order dtd. 19/2/2022 (Annexure P-1) and cancelled the admission of petitioner relying upon the notification dtd. 4/2/2019 issued by Medical Council of India (MCI). Therefore, petitioner is before this Court.