Anamika Singh v. Union Of India And ORS.

Ct. 05 Item No.47 24.02.2022 (suvendu) WPA 2918 of 2022 [Via Video Conference] Anamika Singh Vs.

The Union of India & Ors.

Mr. Partha Sarathi Bhattacharyya Mr. Ashis Kumar Chowdhury Ms. Deborupa Mukherjee Mr. Rajib Ghosh Mr. Raju Bhattacharyya .......for the petitioner Mr. Indranil Roy Mr. Sunit Kumar Roy ......for the National Medical Commission The affidavit of service filed on behalf of the petitioner is taken on record.

The respondent no.9 is not represented.

The limited prayer of the petitioner in the present case is for a direction on the respondent no.9, namely the Medical Board of Institute of PostGraduate Medical Education and Research (IPGMER), Kolkata, to dispose of a representation made by the petitioner to the said respondent on 5th February, 2022. The petitioner has already been assessed as a person with disability as would appear from a "Physically Handicapped Certificate" of the Government of West Bengal indicating that the petitioner has 45% moderate intellectual disability. Learned counsel appearing for the petitioner submits that there is urgency in the matter since the petitioner intends to take advantage of the second

counselling process for the MBBS course which is scheduled to be end on 25th February, 2022.

Upon hearing learned counsel appearing for the petitioner and the National Medical Commission, it appears that the respondent no.9 has already conducted Medical Examination of the petitioner but is yet to issue the Certificate of Disability. The respondent no.9 is, therefore, directed to issue an appropriate Certificate in favour of the petitioner in accordance with the Gazette Notification dated 13th May, 2019 for admission in Medical Courses in All India Quota upon conducting an appropriate Medical Examination of the petitioner, if not already conducted.

In view of the urgency in the matter, the respondent no.9 shall take requisite steps to issue Certificate by tomorrow, i.e. 25th February, 2022. It may be reiterated that the last date of second counselling process is 25th February, 2022. WPA 2918 of 2022 is disposed of in terms of the above.

The parties shall be at liberty of acting on a website copy of this order.

(Moushumi Bhattacharya, J.)