Sumedha Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1763 of 2018 Sumedha Singh D/o Kamlesh Singh, Aged About 17 Years Through The Natural Guardian Father Kamlesh Singh Aged About 47 Years. R/o Plot No. 26 Radhika Vihar Phase No. 3 Seepat Road Lingyadeeh, Tahsil And District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Director, Directorate Medical Education Chhattisgarh, Dau Kalyan Singh Bhawan Chhattisgarh, District Raipur, Chhattisgarh.

2. Chhattisgarh State Medical Board, Directorate Medical Education Chhattisgarh, Dau Kalyan Singh Bhawan Chhattisgarh, District Raipur, Chhattisgarh.

3. Medical Council of India, Through The President of India, Pocket 14 Sector 8 Dwarka Bhawan Phase-1 New Delhi. 110077.

---- Respondents For Petitioner : Shri N.K. Malviya, Advocate.

For Respondent/State : Shri UNS Deo, Government Advocate.

For Respondent No.3 : Shri R.S. Marhas, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Order on Board 11/07/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

A new Medical Board has assessed the disability of the Petitioner to the extent of 79% and it relates to disability of locomotion of the lower limbs. 3.

Learned counsel for the Medical Council of India (for short 'the MCI') informs the Court that a Committee set up earlier which has given its report and there is a recommendation that a candidate with such disability even up to 80% can be given admission to medical courses. Though, he informs the Court that such

recommendation has not yet been notified as a Regulation. The recommendation of the Committee by itself is an indication that the experts have reached the consensus that candidates even up to 80% of the disability in the lower limb in the matter of locomotion can be considered for admission to the medical courses. The object behind such recommendation is to give an opportunity and opening in life to such category of candidates.

4.

So far as the present petition is concerned, a new medical board has assessed the disability of the Petitioner to the extent of 79%. The Petitioner is even present in the Court and having observed her movements, we come to an opinion that if she is admitted to the medical course in terms of the recommendation made to the MCI by the Committee, she can carry on her responsibilities not only of studies but even later on, on completion of her education of the MBBS course.

5.

The State/Respondents are therefore directed to hold her counselling and then grant her admission if she otherwise fulfills all other requirements. The disability to the extent of 79% shall not be held out against her for denying admission. Counselling must be done before 15th of July, 2018. 6.

The writ petition stands allowed and disposed of in terms of the above directions.

Sd/- Sd/- (Ajay Kumar Tripathi) (Pritinker Diwaker) CHIEF JUSTICE JUDGE Amit