Manthan Yudhisthir Sawai v. Disability Certification Board, Thr. Member Dr. Manish Shrigiriwar And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION 7233 OF 2022 Manthan Yudhishtir Sawai, aged 19 years, r/o. Rampura Chauwk, Wani, District Yawatmal, Maharashtra .....PETITIONER ...V E R S U S...
1. Disability Certification Board, through its Member Dr. Manish Shrigiriwar, having his office at All India Institute of Medical Science, Nagpur
2. Union of India, through its Secretary for the Ministry of Education, Having Office at Shashtri Bhavan, Dr. Rajendra Prasad Marg, New Delhi
3. National Medical Commission (respondent 3 through its President for deleted vide Undergraduate Medical Education court order dated Board, Having office at Pocket, 16.12.2022). 14 Sector 8, Dwarka Phase 1 New Delhi 110077, India 4.Competent Authority, being Commissioner, State CET Cell, having his/her office at Excelsior Theater Building, AK Nayak Marg, Azad Maidan, Fort, Mumbai, Maharashtra 400001, email id: MAHARASHTRA.CETCELL@GMAIL.COM
5. Directorate General of Health Services, Ministry of Health and Family Welfare, Government
of India Email id: DGHS@NIC.IN having office at Nirman Bhavan Maulana Azad Road, New Delhi 110 011 ..RESPONDENTS -------------------------------------------------------------------------------------------- Mr. Nihalsing B. Rathod, counsel for petitioner. Mr. N.S. Deshpande, DSGI for respondents 1, 2 & 5. ------------------------------------------------------------------------------------- CORAM:- ROHIT B. DEO & M.W. CHANDWANI, J J.
DATE : 04.07.2023 JUDGMENT (Per: Rohit B. Deo, J.) Heard.
2.
Rule. Rule made returnable forthwith.
3.
It is common ground that the petitioner is suffering from physical disability (Celebral Palsy) which respondent 1 - Disability Certification Board has certified as 73 percent. The petitioner appeared for NEET examination held for the academic year 2022-23 and secured 137 marks. In the normal course, the petitioner would have walked in in the list of candidates suffering from disability.
4.
However, the petitioner was not included in the list of the candidates found entitled to admission from the candidates applying under the reserved category (reserved for candidate suffering from disability) on the premise that
the respondent 1 - Disability Certification Board was of the view that the petitioner was not eligible for admission in the medical course.
5.
Our attention is invited to the Notification dated 13.5.2019 issued by the Medical Council of India in exercise of powers conferred by Section 33 of Indian Medical Council Act, 1956, framing the "Graduate Medical Education Regulations (Amendment), 2019.
6.
It is clear from the Notification that person suffering from Celebral Palsy between 40 to 80 percent disability are eligible for medical course. As a fact, persons with more than 80 percent disability can also be considered for admission on case to case basis after determining their functional competency.
7.
In view of the unimpeachable case made out, interim order dated 23.11.2022 was passed which was modified vide order dated 16.12.2022. Pursuant to the interim order, the petitioner has secured admission in
Shri Bhausaheb Hire Medical College, Dhule.
8.
In view of the unambiguous provisions of the Regulations supra, we make Rule absolute in terms of interim order.
9.
The petition is allowed in terms of prayer clause A, which reads thus:
(i) That the Hon'ble Court be pleased to issue writ order or direction in nature of writ of mandamus thereby quashing and setting aside the impugned certificate issued in favour of petitioner i.e. Manthan Yudhishtir Sawai by respondent No.1 Disability Certification Board at Annexure P 3 dated 4.10.2022, and thereby direct respondent 1 to issue fresh certificate in accordance with the law.
10.
We further declare that the admission secured by the petitioner in terms of the interim order shall stand confirmed for all purposes.
RAVINDRA SURESHRAO P.A. to the Hon'ble Judge (M.W. Chandwani, J.) (Rohit B. Deo, J.) belkhede