PARMESH PACHAR Vs. CONVENER CENTRAL UNDERGRADUTATE ADMISSION BOARD AND PRINCIPAL AND CONTROLLER OF S M S MEDICAL COLLEGE AND ATTACHED HOSPITALS JAIPUR

JUDGEMENT

(1.) BY this writ petition the petitioner seeks following reliefs :- " (i) issue an appropriate writ, order or direction declaring the petitioner fully eligible to get admission in M. B. B. S. /bds course in view of his merit standing; (ii) issue an appropriate writ, order or direction directing the respondent not to interfere in any manner whatsoever with the admission that has been granted to the petitioner in M. B. B. S. Course at Mahatma Gandhi National Institute of Medical Sciences, Jaipur; (iii) issue an appropriate writ, order or direction directing the respondent that a candidate suffering from colour blindness cannot be held disqualified for admission to MBBS/bds course; (iv) any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of humble petitioner including award of cost of this writ petition. "

(2.) THE petitioner who belongs to OBC category, appeared in the RPMT held in May, 2001 under Roll No. 6011. He secured 870 marks. His name was placed in the list of successful candidates. On 30. 8. 2001, first counselling was held at the S. M. S. Medical College, Jaipur, as a result of which, the petitioner was allotted a seat in the BDS Course and was assigned to S. M. S. Medical College. Subsequently, on 28. 9. 2001, when second counselling took place, the petitioner was offered a seat in the MBBS Course in the Mahatma Gandhi National Institute of Medical Sciences, Jaipur. THE petitioner in acceptance of the offer deposited a sum of Rs. 46,950 as Tuition Fee & other charges. A receipt evidencing payment of the aforesaid sum of money was issued by the college. On deposit of the aforesaid sum of money, the petitioner was granted admission in the MBBS Course and he started attending the classes. Petitioner was even allotted hostel accommodation by the college. Before the grant of admission to the MBBS Course, the petitioner was medically examined on 7. 9. 2001. Later, on 16. 10. 2001 the petitioner was notified that he was found medically unfit as he was unable to recognize the red and green colours when subjected to Edridge green lantern test with 13 and 1. 3 mil. aperture. After the receipt of the aforesaid notice, the petitioner on 18. 10. 2001 requested the College for conducting a fresh medical examination of his eyes. THE respondent acceding to the request of the petitioner constituted a second Medical Board vide order dated 31. 10. 2001 read with order dated 6. 11. 2001. On 7. 11. 2001 the petitioner was re-examined by the Board but was again declared medically unfit. THEreupon the petitioner, by an application dated 10. 11. 2001 to the respondent, requested for copies of the medical reports. It appears that copies of the medical reports were not given to the petitioner. As a result of the opinion of the Medical Boards his admission to the MBBS Course was cancelled. Aggrieved by the action of the respondent, the petitioner has filed the instant writ petition.

(3.) THE petitioner has placed on record material to show that in various foreign universities and colleges, students suffering from colour vision deficiency are allowed admission in medicine. THE Assistant Dean, Admissions & Student Affairs in Dalhousie University- Faculty of Medicine, Halifax, Nova Scotia, Canada, in his letter dated 14. 5. 2002 to the petitioner has stated that colour blindness, by itself, cannot be held against the petitioner if he was applying to Dalhousie Medical School. Associate Dean, Admissions in Faculty of Medicine of Mogill University, Montreal, Canada, in his letter dated 22. 4. 2002 to the petitioner has pointed out that colour blindness would not make him ineligible to apply if he was applying to Faculty of Medicine, Mogill University. Admissions and Outreach Counselor, Stanford University School of Medicine, Stanford, Canada, in his Email message dated 26. 6. 2002 to the petitioner, has categorically stated that colour blindness does not make the petitioner ineligible to apply for admission, however, it will limit his choices in terms of choosing an eventual specialisation. Professor Roger Robinson, Retired Professor of Paediatrics at Guy's Hospital Medical School, London, U. K. , in his Email dated 28. 6. 2002 to the petitioner stated as follows :- " Dear Parmesh, To me it is incomprehensible that anyone should even consider red-green colour blindness to be a bar to admission to medical school. As far as I know, such a thing is unheard of in any British medical school, and would be regarded as wholly unacceptable discrimination. THE usual figure quoted for the frequency of red-green colour blindness in males (I guess in white Europeans) is around 7% to 8%. Since UK medical schools certainly don't apply any selection in relation to colour vision, the proportion must be about the same among male British doctors. I have never heard it suggested that they have any problems in clinical or other work. I am red-green colour blind myself, and never found this any problem in clinical medicine : my last fifteen years before I retired were spent as Professor of Paediatrics at Guy's Hospital Medical School (now part of King's College London ). My very best wishes for your appeal. Yours sincerely Roger Robinson" An Email from Liverpool Medical School, Liverpool, U. K. , dated 17. 6. 2002 addressed to the petitioner, confirms that colour blindness would not affect his application to study at Liverpool Medical School. Admissions Officer, School of Medicine & Dentistry, Queen Mary University of London, U. K. , in his Email dated 24. 6. 2002 to the petitioner has confirmed that colour blindness would not preclude the petitioner from applying in medical course at the School of Medicine & Dentistry, Queen Mary University of London. University of New South Wales, Sydney, Australia, in its Email to the petitioner on 18. 6. 2002, informed the petitioner that colour blindness will not be a problem for medical program. In yet another Email dated 14. 6. 2002 from James Cook University, Australia, the petitioner was informed that his colour blindness would not exclude him from applying to the medical course offered by the University. To the same effect are the several other Emails from the various foreign universities viz. University of Bristol, U. K. , University of Tasmania, Australia, University of Melbourne, Australia, University Western Australia, Australia, Washington University, U. S. A. , Albany Medical College, Albany, New York, U. S. A. , Columbia University, U. S. A. , Indiana University, U. S. A. , University of Virginia, U. S. A, New York University, U. S. A. , University of Missouri, U. S. A. , University of szeged, Hungary; University of Edinburgh, U. K. , King's College, London, U. K. , University of Glasgow, U. K. , University of Dundee, U. K. , etc.