MONIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner applied in the person with disability quota for writing the NEET UG 2019 Examination and was successful. She then applied in the State quota seats for online counselling for allotment of a College for being admitted to and pursue MBBS Course as a person with disability as she had a hip disarticulation entailing 90% locomotor disability without any assistive device. In terms of appendix H-1 to the Regulations on Graduation Medical Education, 1997 as amended vide notification dtd. 13/5/2019, the petitioner was also to be examined for her locomotor disability for reasons of left hip disarticulation with assistive device and for functional competency with the aid of such assistive device. And if thereupon her disability was brought below 80% and she found to possess sufficient motor ability as required to pursue and complete the course satisfactorily, she was to be admitted in the quota of person with disability. But this aspect of the petitioner's locomotor disability with assistive device has not been examined by the Medical Board constituted by the Chairman, NEET UG Medical and Dental Admission/ Counselling Board, 2019 (hereafter 'the Admission Board, 2019). She has instead been peremptorily found not entitled to admission to MBBS 2019 in the quota for persons with disability. Hence this petition.

(2.) Mr. Vikas Kabra counsel for the petitioner submitted that the issue in this petition can be resolved and the eligibility of the petitioner to a seat in the quota for person with disability settled finally in the event the petitioner is directed to be examined by a Medical Board of the Vardhman Mahavir Medical College and Safdarjung Hospital, Ansari Nagar, New Delhi which is also notified for the purpose of ascertaining the disability of the candidates and their entitlement to be admitted to MBBS course 2019 in quota of persons with disability in respect of 15% seats in the central quota. He submitted that a similar direction has been issued in SBCWP No. 11129/2019 titled Ghanesh Agrawal v. Chairman, NEET UG Medical and Dental Admission/ Counselling Board, 2019 on 2/7/2019.

(3.) Mr. Harshal Tholia appearing for Dr. V.B. Sharma, AAG submitted that he has instructions to state that in the event the petitioner were to be examined for her locomotor disability with reference to her entitlement to be admitted to MBBS course in the quota for persons with disability by the Vardhman Mahavir Medical College and Safdarjung Hospital, Ansari Nagar, New Delhi, the Chairman of the Admission Board, 2019, the respondent would have no objection.