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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
VIJAY BISHNOI, C.J., N. UNNI KRISHNAN NAIR, J.
Nadiyatabassum D/o Nozmul Hoque – Petitioner
Versus
The State of Assam and Others – Respondents
W.A. No. 390 of 2024
Decided On : 20-11-2024
(A) Medical Council of India - Notification dated 13.05.2019 - Assessment of visual impairment for admission into medical courses - The appellant, assessed with 40% visual impairment, contended that the examination did not utilize advanced low vision aids as mandated by the Medical Council of India. The Writ Court directed re-evaluation, but the Medical Board maintained the assessment. The court upheld the expert opinion, concluding that the appellant was not eligible for admission under the PwD category. (Paras 10, 17, 25)
(B) Disability Assessment - The court emphasized the necessity of adhering to prescribed guidelines for assessing visual impairment, reaffirming that assessments must be consistent and based on expert evaluations. (Paras 12, 24)
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. A.C. Borbora, learned Senior Counsel assisted by Mr. B. Bora, learned counsel appearing for the appellant. Also heard Mr. B. Gogoi, learned Standing Counsel for the Health Department appearing for the respondent nos. 1, 2, 4, 5, 6, 8 & 9.
2. The present Intra Court Appeal has been instituted, assailing the Judgment & Order dated 05.11.2024, passed by the learned Single in WP (C)/5698/2024.
3. The appellant, herein, had appeared in the National Eligibility-cum-Entrance Test UG-2024 for admission into UG medical courses in Government medical institutions across the country. The said examination had taken place on 05.05.2024 and on 04.06.2024, the results thereof, came to be declared. In the initial results declared, the appellant had secured 638991 All India Ranking position and she was ranked at position 1350 amongst the PwD category candidates. However, the said results were further revised and the revised results were published on 26.07.2024, wherein, the All India Ranking of the appellant was 632152 and she was ranked at Serial No. 1330 amongst PwD category candidates.
4. On publication of the NEET-UG-2024 results, the Director of Medical Education, Assam, vide communication dated 07.08.2024 had published an educational notice and therein, circulated the Assam State Merit list for admission into 1st year MBBS/BDS courses in Government Medical and Dental Colleges of the State for the session-2024. The appellant was placed at serial No. 9699 in the said list as enclosed with the communication dated 07.08.2024.
5. The Director of Medical Education, Assam, thereafter, published a admission notification dated 29.08.2024, wherein it was intimated that the provisional select list of candidates after the first round of online counseling for admission into 1st year MBBS/BDS courses for the session-2024 in the Government Medical and Dental Colleges, Assam under Assam State Quota has been published and was available in the official website of the Directorate. It was further stipulated therein that the candidates provisionally selected under the PwD category are directed to report with all relevant certificates, in original, to the office of the Principal cum Chief Superintendent, Gauhati Medical College & Hospital for verification of their disability status by the constituted Medical Board on 28.09.2024. Accordingly, the appellant who was shortlisted for admission as a PwD category candidate after the 1st counseling, appeared before the constituted Medical Board and she was examined by the Board in relation to the disability suffered by her. Thereafter, vide admission notice dated 06.09.2024, the list of candidates found eligible under PwD (DIVYANG) for admission into MBBS/BDS in the Government Medical and Dental Colleges, Assam, for the session-2024 was published however, therein, the Roll. No. of the appellant did not find mention. The appellant not being selected for admission into the 1st year MBBS course, led to institution by her of writ petition being WP (C)/5077/2024 before this Court, praying for a direction for her admission into Diphu Medical College, Diphu as per the provisional select list of candidates issued by the Director of Medical Education on 29.08.2024.
6. The Writ Court, on considering the matter and with consent of all the parties to the proceeding, vide order dated 28.10.2024, requested the authorities of the All India Institute of Medical Sciences (AIIMS), Guwahati to examine the appellant and for assessment of her disability in terms of the Disability Certificate issued to her by the competent authority. Vide the said order; the Writ Court further directed that the Medical Board, constituted by the authorities of AIIMS shall examine the appellant, strictly, in terms of the amendment notification dated 13.05.2019, issued by the Medical Council of India and the notification dated 12.03.2024, issued by the Government of India. Accordingly, the Medical Superintendent, AII
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