MISS DEBASHREE MAHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is a physically challenged candidate, having 45% locomotor disability of right leg as per disability certificate issued by the District Medical Board, Khurda on 02.04.2011, and appeared at the National Eligibility-cum-Entrance Test (NEET) Examination, 2016, has filed this application for having been debarred from being selected for admission into MBBS/BDS course in the medical colleges of the State of Odisha.

(2.) The factual matrix of the case is that the petitioner, being a physically challenged candidate, applied for and appeared in the NEET Examination, 2016 written test conducted on 24.07.2016 by the opposite parties for admission into MBBS/BDS course in the medical colleges of State of Odisha for the session commencing in 2016. Though the physically challenged certificate was issued by the District Medical Board, Khurda on 02.04.2011, she was made to appear before the SCB, Medical Board on 25.08.2016 and on the basis of such report she has been deprived of getting admission into MBBS/BDS course of the medical colleges of the State of Odisha. Hence, this application.

(3.) Mr. D.P. Sarangi, learned counsel for the petitioner strenuously urged that even though the petitioner had produced the certificate issued by the competent authority under the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Rules framed thereunder by the competent District Medical Board on 02.04.2011 indicating the disability of the petitioner, the same has not been taken into consideration on the pretext that the medical board constituted by the opposite parties examined the petitioner on 25.08.2016, and on the report so furnished, she has not been given opportunity to take admission into the course applied for. It is further contended that if the certificate has been given by the competent authority, the opposite parties could not have directed the petitioner to appear before the medical board other than the board constituted under the Act and Rules for assessment of disability. His further contention is that the petitioner has not been examined, as was required to be done, and by merely looking at her, the disability had been assessed without taking into consideration the certificate granted by the competent authority, thereby depriving her of getting admission into the MBBS/BDS course under physically handicapped category. To substantiate his contention, reliance has been placed on the judgment of the apex Court in the case of Kunal Singh v. Union of India, AIR 2003 SC 1623.