NEHA PREWA Vs. CHAIRMAN NEET UG MEDICAL

JUDGEMENT

(1.) This petition has been filed with the prayer that the notification dated 21st May, 2018 issued by the Department of Ex-servicemen Welfare, Government of India, Ministry of Defence (hereafter 'Ministry of Defence') to the extent it does not include the wards of ex-servicemen disabled in service and boarded out with disability aggravated by Military Service under its priority No. IV be quashed and set-aside. It has further been prayed that consequently the Ministry of Defence be directed to include the wards of ex-servicemen disabled in service and boarded out with disability aggravated by military service in priority IV of the Notification dated 21st May, 2018 for grant of benefit of reservation for wards of Defence Personnel boarded out from service with disability in non battle casualty area.

(2.) The petitioner's father Ex. Subedar Rati Ram Khatik was medically boarded out from military service with 30% disability of bronchial asthma found to have been aggravated by military service. He was consequently granted disability pension under Rule 173 of the Pension Regulations for Indian Army, 1961. The petitioner wrote the NEET UG 2019 examination under the Wards of Defence Personnel Category seeking admission to a seat in that quota. An eligibility certificate is stated to have been issued in her favour by the District Soldier Welfare Officer, Alwar, reflecting her eligibility to be treated as ward of Defence Personnel under Priority IV of the Circular dated 21st May, 2018 for admission in the MBBS/BDS Courses both against the Central Quota seats and the State quota seats. The said certificate of eligibility has been overlooked by the NEET UG Medical and Dental Admission/Counselling Board, 2019 (Admission Board) and the petitioner has not been found entitled to Priority IV but to Priority VI of the Circular dated 21st May, 2018.

(3.) The petitioner is aggrieved of so being found and treated by the Admission Board. Her case is that the Circular dated 21st May 2018 in confining priority IV for the wards of defence personnel only with disability attributable to military service for admission in the reserve quota for admissions into MBBS/BDS courses is wholly arbitrary. It has been submitted that as disability pension is given to ex-servicemen - whether the disability is attributable to military service or aggravated thereby - their wards should be similarly treated for the purposes of admissions into MBBS/BDS courses and be given similar priority. It has been submitted that classification between disability attributable to military service on the one hand and disability aggravated by military service on the other for the purpose of priorities for admission to MBBS/BDS is not intelligible nor does it have any nexus to the object to be achieved and therefore cannot sustain. Resultantly this petition be allowed and the reliefs prayed for be granted by directing that wards of military personnel boarded out of service for reason of disability aggravated by military service be treated at par with wards of military personnel boarded out for disability attributable to military service and be covered by Priority IV of the Circular dated 21st May, 2018.