ORDER :

1. The student who appeared in NEET-2022 has sought for seeking admission under the PWD (Person with Disability) Quota which was disallowed by the State.

2. Today the case was assigned by Hon'ble the Chief Justice and since the winter holidays are intervening and the urgency was projected, the case was heard finally today itself, as the counseling process would be closing on 21.12.2022.

3. The petitioner claims that she possessed the certificate of disability issued by the District Medical Board, Rajnandgaon. The petitioner seeks M.B.B.S. admission in the Government Medical College, Mahasamund, C.G. under the PWD category. Along with writ has been sought that Rule 5(2)(b) of the Chhattisgarh Chikitsa, Dant Chikitsa Evam Bhowtik Chikitsa (Physiotherapy) Snatak Pravesh Niyam, 2018 (in short ‘the Rules 2018’) which was published in the State Government Gazette dated 25.05.2018 be declared as ultra-vires to the provisions of the Rights of Persons with Disabilities Act, 2016 (for short ‘the Act 2016’) further relief is also sought that the certificate of disability issued by the District Medical Board, Rajnandgaon, under Rule 18 of the Rights of Persons with Disabilities Rules, 2017 (for short ‘the Rules 2017’) be declared as valid and legal; the petitioner also sought that the notification dated 13.05.2019 issued by the Government of India be declared as unconstitutional and ultra-vires to the provisions of the Act, 2016. The petitioner further seeks quashment of the order dated 08.12.2022 passed by the State Medical Board.

4. The facts of the case in brief are that the petitioner appeared in the NEET examination on 17.07.2022. In the year 2013 the petitioner met with an electric shock wherein her middle finger of right hand got damaged hence she sustained 40% disability. On 07.09.2022 the results of the NEET was declared. In the month of October, 2022 the petitioner, who belongs to O.B.C. category, filled up Online application form mentioning her college choice under the PWD category with a certificate issued by the team of doctors of District Medical Board, Rajnandgaon dated 27.12.2019. According to the petitioner the said disability certificate of 40% was duly annexed along with the documents. Thereafter, she was qualified under the OBC-NCL category. She further was entitled to be considered in hold of PWD certificate issued by the District Medical Board, Rajnandgaon, however, during the process of counseling her candidature was rejected on the following grounds:

(i) Disability certificate produced by candidate is made by the District Medical Board, Rajnandgaon in respect of upper limb deformity (40%). As per the Gazette notification No. F-21-02/2018/09/55-4 dated 25.05.2018 S. No. 5(B)(I) upper limb disability candidate is not eligible for admission.

(ii) The disability certificate produced by candidate is not issued by State Medical Board as per the Annexure-4 of the above mentioned Gazette notification No. F-21-02/2018/09/55-4 dated 25.05.2018.

5. It has been contended on behalf of the petitioner that the certificate was initially issued under Form-V appended to Rule 18 (1) of the Rules, 2017, therefore, the same was in pursuance of the Act, 2016. It is stated that in such certificate the petitioner was shown with 40% permanent locomotor disability. It is stated that the said certificate was not accepted for the reason that it is not issued by the State Medical Board, as the format appended to the Rules, 2018 speaks about production of certificate by the State Medical Board. He would submit that the said Rules, 2018, therefore, is ultra-vires to the Act, 2016. He would further submit that Rule 5 speaks that before counseling, three months old certificate would not be considered but that issue has now been settled by order dated 05.12.2022 and thereafter on 15.12.2022, wherein the petitioner was asked to appear before th