ANKUR MANNA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This cluster of writ petitions are interrelated. The issues involved in these writ petitions pertain to reservation of seats for the persons with physical disabilities in respect of the National Eligibility Cum Entrance Test- Post Graduation, 2022 (for short, the said Entrance Test) being conducted on All India Basis by the National Board of Examinations for Post Graduate Medical Courses.

(2.) 50% seats of all Post Graduate Medical Courses under the said Entrance Test are filled up by way of counseling conducted by Medical Council Committee on All India basis which are called the All India Seats and the rest are filled up by way of counseling conducted by the State Authorities which are called State Quota Seats. The result of the said entrance examination was declared. The petitioner secured the rank as 71356. Since the petitioner did not serve in rural, remote and difficult areas, he was not eligible to the reservation provided for the In-Service Doctors. However, he was eligible to participate in the counseling in the open category.

(3.) The petitioner suffers from Deltoid Paralysis at his left arm. This is a left upper limb disability. This locomotor disability of the petitioner was assessed being 50% by the appropriate authority, Annexure P-2 to the writ petition. With the said disability the petitioner was eligible to avail of the reservation provided for the persons with disabilities. In the counseling process for admission for the Post Graduate Medical Courses for previous year the petitioner participated under the physically handicapped (PH) category.