S.Varun Vignesh v. The Directorate General Of Health Services,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.26765 and 26766 of 2024 S.Varun Vignesh ... Petitioner Vs.

1. The Directorate General of Health Services, Nirman Bhawan, Rajpath Area, New Delhi-110 108.

2.The Secretary, Medical Counselling Committee (MCC) NEET UG Counselling for MBBS, BDS & B.Sc. Nursing 2024, Nirman Bhawan, Rajpath Area, New Delhi-110 001.

3.The Secretary, Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

4.The Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai-600 003.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the fourth respondent vide Certificate No.2024-Aug/000276 dated 07.08.2024 and quash the same and consequently, direct the respondents to register the petitioner candidature for NEET-UG 2024 Counselling under PwD Category in the State/All India Quota enabling the petitioner to get admission in UG-Medicine 2024 academic year.

For Petitioner :

Mr.M.Loganathan For Respondents :

Dr.D.Simon for R1 and R2 Ms.M.Sneha for R3

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the fourth respondent vide Certificate No.2024-Aug/000276 dated 07.08.2024 and for a consequential direction to the respondents to register the petitioner's candidature for NEET-UG 2024 Counselling under PwD Category in All India Quota enabling him to get admission in UG-Medicine 2024 academic year.

2. The learned counsel appearing for the petitioner submits that the petitioner was issued PwD Certificate by All India Institute of Speech and Hearing (AIISH), Mysore, and thereby, he participated in the Board Examination as well as NEET-UG 2024 under PwD category and he got 1572 rank under PwD Category. However, the fourth respondent, vide impugned order dated 07.08.2024, rejected the petitioner's candidature on the ground that speech discrimination score is 40% only. Challenging the same, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that this Court may permit the petitioner to make an application with the second respondent for accepting his Disability Certificate, which was obtained from All India Institute of Speech and Hearing (AIISH), Mysore, within a period of one week from the date of receipt of a copy of this order and the second respondent may be directed to consider the application made by the petitioner and pass appropriate orders.

4. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

5. In view of the limited relief sought for by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order dated 07.08.2024, permits the petitioner to make an application with the second respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of two weeks thereafter.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 23.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The Directorate General of Health Services, Nirman Bhawan, Rajpath Area, New Delhi-110 108.

2.The Secretary, Medical Counselling Committee (MCC) NEET UG Counselling for MBBS, BDS & B.Sc. Nursing 2024, Nirman Bhawan, Rajpath Area, New Delhi-110 001.

3.The Secretary, Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

4.The Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai-600 003.

M.DHANDAPANI, J.

ssb 23.08.2024