ORDER :

1. Heard learned advocate Mr. Vaibhav A. Vyas for the petitioner, learned advocate Mr. Vikas V. Nair for respondent no. 6 and learned Assistant Government Pleader Mr. Krutik Parikh for the respondent State.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) Quash and set aside the impugned report dated 9.12.2021, Annexure-A to this petition as well as report dated 2.5.2022, Annexure-B to this petition, whereby the petitioner is declared as not eligible for admission to medical course.

(B) Declare and hold that the petitioner is eligible for admission to Under Graduate Medical Courses in the quota of person with disability (PWD) and consequently direct the respondent authorities to admit the petitioner to Under Graduate Medical courses along with other eligible and meritorious candidates as per her entitlement.

(C) Pending admission and final disposal of this petition the Honorable Court may be pleased to direct the respondent authorities to reexamine the petitioner by an independent review medical board or by any other competent authority as may be deemed just and proper to the Honorable Court.

(D) Pending admission and final disposal of this petition the Honorable Court may be pleased to direct the respondent authorities to consider the case of the petitioner for admission to Under Graduate Medical courses under PWD quota as per her entitlement.

(E) Award the cost of this petition.

(F) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

3. Brief facts of the case are that the petitioner was desirous of seeking admission to medical courses and therefore, applied for appearing in National Eligibility cum Entrance Test (UF) 2021-NEET (UG). The petitioner is a physically disabled candidate suffering from “Left Forearm Radial Club Hand Deformity” and therefore, applied under quota for Person with Disability (PWD).

3.1 The petitioner obtained Disability Certificate issued by the Issuing Medical Authority, Surat, Gujarat on 05.08.2021. According to the said certificate, the petitioner is having Locomotor Disability and the diagnosis in her case is “LT forearm radial club hand deformity.” The certificate stipulated that the petitioner has 50% temporary disability in relation to her body as a whole.

3.2 The petitioner appeared in National Eligibility Entrance Test (NEET-UG) Exam 2021 in the category of PWD and secured 140 marks out of 720 marks.

3.3 The petitioner filed an application to get admission in M.B.B.S. Course in the category of Person with Disability (PWD). The petitioner was informed to remain present for the purpose of document verification on 27.11.2021. As the petitioner had applied under the category of PWD, the petitioner was examined by the Medial Board on 9.12.2021.

3.4 On the basis of the report of Person with Disability (PWD) Candidates - Undergraduate (UG) Medical Board 2021-2022, the petitioner was treated as not eligible for medical courses by the Medical Board.

3.5 The petitioner therefore, preferred Special Civil Application No. 5810/2022 before this Court which was disposed of as withdrawn vide order dated 05.04.2022 so as to enable the petitioner to appear before the Appellate Board for Medical Examination.

3.6 The petitioner thereafter preferred a detailed appeal on 19.04.2022 before the respondent no. 5-Appellate Medical Board of Admission Committee for Provisional Undergraduate Medical Courses.

3.7 Respondent no. 5 dismissed the appeal by report dated 2.05.2022 whereby the petitioner is declared to be “not eligible for medical course.”

3.8 The petitioner therefore, has filed this petition with the aforesaid prayers challenging the decision of respondent no. 2 to the effect that the petitioner is not eligible for admission in medical cours