H. IRANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Th. Khagemba, learned Advocate appearing for the petitioner; Shri H. Debendra, learned GA for the State respondents; Shri S. Nepolean, learned GA for the JNIMS; Shri W. Darakishwor, learned Sr. PCCG for the Union of India; Shri B.R. Sharma, learned counsel for the MCI and Shri A. Golly, learned Advocate for the respondent Nos. 6 to 9.

(2.) The subject matter in issue relates to the admission of the petitioner to medical course for the academic session, 2019-2020 against one of the seats reserved for the persons with disability on the strength of a disability certificate dated 24-08-2017 issued by the JNIMS. The validity and correctness of the disability certificate was not questioned by anyone nor was it cancelled by the JNIMS at the relevant time. On receipt of the application from the petitioner along with the disability certificate, the Selection Board/ Committee referred it to the Medical Board which assessed the percentage of disability and issued another certificate dated 25-06-2019, on the basis of which the petitioner was denied admission.

(3.) The action of the Medical Board came to be challenged in the writ petition on the ground that without the disability certificate dated 24-08- 2017 issued by the JNIMS under the provisions of the Act being challenged by anyone, the same could not be re-assessed by the Medical Board and therefore, the Selection Board/ Committee had no right to interfere with it. Despite the order dated 31-07-2019 being passed by this Court directing the Director of Health Services, Manipur to allow the petitioner to participate in the counseling, the petitioner was denied the opportunity by the doctors-in-charge of the counseling on the ground that there was no vacancy, because of which suo-motu contempt proceedings were initiated against them. Thereafter, the doctors of the JNIMS who signed the disability certificates, were impleaded as party respondents herein.