KARTIK SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been denied eligibility under the persons with disability category for his admission in MBBS course under the NEET UG Medical Counselling, 2019.

(2.) The case of the petitioner is that he has obtained the requisite disability certificate dated 31.01.2019 under the Rights of Persons with Disability Rules, 2017 (hereafter 'the Rules of 2017') certifying his disability to an extent of 40 % qua his vision impairment. It has been submitted that on the petitioner presenting himself for counselling before the Chairman, NEET UG Medical and Dental Admission / Counselling Board, 2019, he has been declared to be ineligible under the quota for persons with disability by the Medical Board constituted by him. It has been submitted that in this view of the matter and contradictions obtaining as to the petitioner's eligibility under the persons with disability quota it should be directed that he should be examined for the purpose of eligibility in the persons with disability quota by the Vardhman Mahavir Medical College and Safdurjung Hospital, Ansari Nagar New Delhi which is also notified for the purpose of ascertaining the eligibility of persons with disability for admissions in MBBS 2019 in the 15 % central quota. Mr.Harshal Tholia appearing on behalf of Dr.V.B. Sharma, AAG for the respondents on instructions of a member of the Medical Board constituted by the Chairman, NEET UG Medical & Dental Admission / Counselling Board, 2019 who is present in court submitted that the petitioner in the interest of justice be examined by the Vardhman Mahavir Medical College and Safdurjung Hospital, Ansari Nagar New Delhi for ascertaining his eligibility to be considered for admission to a MBBS seat 2019 in the persons with disability quota in the State quota.

(3.) In view of the submissions made, I would direct the Principal/ Superintendent of Vardhman Mahavir Medical College and Safdurjung Hospital, Ansari Nagar New Delhi to constitute a medical board of three doctors for conducting the requisite tests - one without assistive aid and the other with it on the petitioner to determine the extent of his disability and his entitlement for admission to MBBS 2019 as a person with disability on account of his visual impairment. This be done in accordance with the Government of India notification dated 13.05.2019 relating to guidelines of admission to students with specified disabilities under the Rules of 2017 issued in the exercise of powers conferred under Section 33 of the Medical Council Act, 1956.