MEDICAL COUNCIL OF INDIA Vs. NITIN MANTRI

JUDGEMENT

(1.) CALLING in question the defensibility and pregnability of the order dated 26-9-2006 passed by the learned Single Judge in W. P. No. 10648/2006 the appellant, Medical Council of India has preferred this appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal)Adhiniyam, 2005 (for brevity 'the Act' ).

(2.) THE facts which are essential to adumbrated are that the respondent No. 1 invoked the extra-ordinary jurisdiction of this Court under article 226 of the Constitution of India for issue of a writ of mandamus to the respondents commanding them to allot a seat in MBBS Course to him in the handicapped category. It was pleaded that he is a handicapped person of unreserved category as per the certificate issued vide Annexure P-4. The said certificate indicates 40% blindness in the right eye with no vision and the left eye has been found with the vision of 6/7. Regard being had to the no vision in the right eye of the respondent No. 1 he was not allotted a seat for admission to the course of MBBS at the time of counselling. The said decision was taken on the bedrock of the letter dated 5-7-2001 issued by the Medical Council of India.

(3.) IT was contended before the learned Single Judge that the professional Examination Board had conducted a Pre-Medical Entrance examination under M. P. Medical and Dental Undergraduate Entrance examination Rules, 2006 (hereinafter referred to as 'pmt Rules') in which there is no restriction specifying exclusion of such category for admission. In paragraph 5. 1, 3% reservation has been provided for physically handicapped persons in Scheduled Castes, Scheduled Tribes, OBC and unreserved category and reservation has been specified to be horizontal and compartmentalized. The relevant provision stipulates that a candidate claiming admission in handicapped class shall file a certificate from District Medical Board and eligibility certificate from the Superintendent Vocational Rehabilitation centre for Physically Handicapped, Government of India, Ministry of Labour, napier and the writ petitioner had submitted a certificate to the respondents whereby he was found to be eligible to prosecute the study in the MBBS course. It was also put forth that under Rule 3 there is no restriction debarring the petitioner from the course.