VASUNDHARA SHARMA Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) It is averred by the petitioner that while competing NEET-UG 2019 for admission in MBBS Course, she had applied as a candidates falling under the category of "persons with Benchmark Disability"? as prescribed under the provisions of the Jammu and Kashmir Rights of Persons with Disabilities Act, 2018, read with Amendment Notification No.MCI-34(410/2018-MED./170045 dated 04.02.2019, as she has been suffering from Thalassemia major (Benchmark Disability). However, on declaration of the result, she has not been included in the select list as she has not been considered under the said category, even though she has secured 415 points. Hence, the present writ petition.

(2.) Learned senior counsel appearing for petitioner argued that Benchmark disability is not a reservation under the J&K Reservation Act, rather Benchmark disabilities have already been notified under the Jammu and Kashmir Rights of Persons with Disabilities Act, 2018 and under this Act the petitioner is entitled to consideration of her selection and admission to MBBS Course.

(3.) Objections have been filed on behalf of respondent No.1 contending therein that as per MCI Guidelines, 5% seats of the annual sanctioned intake shall be filled by candidates falling under Persons with Bench Mark Disabilities in accordance with the Rights of Persons with Disabilities Act, 2016. However, as per Clause 5 (III) of MCI Regulations, 1997 as amended upto May, 2018, the reservation of seats in Medical Colleges for respective categories shall be as per applicable laws prevailing in States/Union Territories. Thus, for conduct of counseling and allotment of seats, the Board takes into consideration the Reservation Policy of the State Government and the Rules in vogue on the subject and that the State of J&K is not contributing to the 15% All India Quota notified by the National Testing Agency in the NEET Information Bulletin for National Eligibility-cum-Entrance Test (UG), 2019 providing information about eligibility and reservation in admissions. It is averred that the reservation rules have been notified by the Government vide SRO 294 of 2005 dated 21.10.2005 framed under the J&K Reservation Act of 2004 and the same has been applied by the answering respondent in letter and spirit while notifying the select list on 05.07.2019. It is contended that as per Rules 13 and 14 of the Reservations Rules, there is no reservation for admission to professional institutions at WP(C) 2573/2019 under graduate level for Persons with Disabilities. Further, it is contended that there is no provision in the J&K Rights of Persons with Disabilities Act, 2018 which provides reservation to Persons with Disabilities for admission in professional institutions, rather there is only provision under Section 34 which provides for reservation in case of persons with Benchmark disabilities in respect of recruitment in Government services for posts to be identified by the Government. The petitioner has obtained 415 points in the NEET UG 2019 and since there is no reservation for Persons with Disabilities in the State of J&K, she has been treated as Open Merit Candidate.