Porita Maity v. Union Of India And ORS.
24.07.2023 Item No.59 Ct. No. 238 AKG WPA 17156 of 2023 Portia Maity Vs.
The Union of India & Ors.
Mr. Partha Sarathi Bhattacharyya, Mr. Alauddin Mondal, Mr. Raju Bhattacharyya ...for the Petitioner Mr. Indranil Roy, Mr. Sunit Kr. Roy ...for National Medical Commission Mr. D. N. Maiti, Mr. S. Sarkar ...for W.B.U.H.S.
Ms. Susmita Saha Dutta ...for Union of India The certificate appearing at page 78 of the writ petition goes to suggest that the mental illness of the petitioner is to the extent of 60 per cent. Again the certificate appearing at page 68 indicates the percentage of mental disability is 55 per cent.
There is no doubt that the petitioner does not fulfill the eligibility criteria to avail the disability quota for the admission to MBBS course. The relevant part of the notification dated May 13, 2019 is quoted below:-
Disability Range Eligible for Type Medical Eligible for S.
of Specified Course, Medical Course, Not Eligible for No.
Disab Disability Not Eligible for PwD Medical Course ilities Eligible Quota for PwD Quota 3.
Mental Mental Absence Currently not Equal to or more behavi illness or mild recommended due than 40% disability our Disability to lack of objective or if the person is :
less method to deemed unfit to than 40% establish presence perform his/her (under and extent of duties. Standards IDEAS) mental illness.
may be drafted the However, the definition of "fitness benefit of to practice reservation/quota medicine", as are may be considered used by several in future after institutions of developing better countries other methods of than India.
disability assessment In that view of the matter, the prayer of the petitioner to allow her to participate in the counselling process scheduled to be held on July 25, 2023 cannot be entertained. Accordingly, WPA 17156 of 2023 is dismissed.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Kausik Chanda, J.)