KARTIK SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having participated in the NEET UG Examination, 2019 and being successful therein, the petitioner registered online for counselling to participate in the process for allotment of Medical College in the State of Rajasthan in the quota of persons with disability--as he is one suffering disability because of visual impairment. He was denied admission by the NEET UG Medical and Dental Admission/ Counselling Board, 2019 (hereafter 'the Admission Board') not finding him eligible under the person with disability category for admission in the MBBS Course.

(2.) The petitioner in the circumstances approached this Court in the petition (SBCWP No.11256/2019), where vide order dated 10.7.2019 the Court in the facts of the case directed that the Superintendent, Vardhman Mahavir Medical College and Safdarjang Hospital, Ansari Nagar, New Delhi constitute a medical board of three member for conducting the requisite two tests on the petitioner to determine his disability, one without assistive aid and other with assistive aid and then determine the extent of his disability and his entitlement or otherwise for admission into the MBBS Course, 2019 in the quota of persons with disability. The petitioner in compliance with the Court's order dated 10.7.2019 presented himself at Vardhman Mahavir Medical College and Safdarjang Hospital, Ansari Nagar, New Delhi on 12.7.2019, whereon a three member Medical Board constituted in terms of the Court's order, checked the petitioner's eyesight without assistive aid. It was found by the Medical Board that the petitioner visually suffered 60% disability without advance instrumental aids. As there was no facility with the VMOU for checking the eyesight with assistive aid i.e. advanced apparatuses, he was therefore required to report to All India Institute of Medical Sciences (AIIMS) at New Delhi on 15.7.2019 for this purpose. There his eyesight was checked with assistive aid/ advanced apparatuses and his eyes were found 6/12, 6/9. The Medical Board at AIIMS, however did not reflect the percentage of the petitioner's visual impairment with assistive aid. The petitioner's case is that the conclusion of the AIIMS/ Medical Board that with assistive aid his visual impairment was found 6/12 and 6/9 translates into a 30% disability with assistive aid in terms of the circular dated 13.5.2019 issued by the MCI relevant to the admission into the seats falling in the quota for persons with disability. The petitioner is thereon entitled to be considered for admission into the MBBS course 2019 against the quota in issue on his inter se merit in the category.

(3.) On the matter coming up before the Court on SBCMAP No.230/2019 in the petition, it was required that the Medical Board of the Counselling/ Admission Board, 2019 determine the petitioner's percentage disability i.e. visual impairment with assistive aid on the basis of medical tests conducted by the AIIMS for the purpose.