Resolution of discrepancy in disability assessment through further medical examination

1. The petitioner has been denied eligibility under the persons with disability category for his admission in MBBS course under the NEET UG Medical Counselling, 2019.

2. The case of the petitioner is that the Chief Medical and Health Officer, Department of Medical and Health, Government of Rajasthan issued him a disability certificate dated 28.2.2019 under the Rights of Persons with Disability Rules, 2017 (hereafter ‘the Rules of 2017’) certifying his disability to an extent of 41% without hearing aid resulting from hearing impairment in both ears.

3. The office of the Chairman, NEET UG Medical & Dental Admission/Counselling Board, 2019 published the provisional list of Persons with Disability candidates in the seriatim of merit. The petitioner found place at Sr. No. 13 reflecting his combined State merit at Sr. No. 8932 in the NEET UG examination, 2019. As per the information booklet notified by the office of the Chairman, NEET UG Medical & Dental Admission/Counselling Board, 2019, the candidates claiming benefit of reservation of 5% seats for persons with disability in each category such as SC, ST, OBC, MBC as also the general category were required to produce the certificate of disability issued in accordance with the Rules of 2017. Despite the production of the requisite certificate as lawfully obtained by the petitioner entitling him to be considered in the quota reserved for persons with disability for admission into MBBS Course, the said certificate was required to be verified by a Medical Board authorized by the office of the Chairman, NEET PG 2019 Counselling Board at the time of physical verification. In the circumstance, on the petitioner presenting himself before the admission/counselling board for his hearing impairment/disability was re-verified by the Medical Board, which however concluded that the petitioner suffered disability without hearing aid only to an extent of 28%. Resultantly the petitioner was not found eligible for consideration for admission to a seat in MBBS course as a person with disability in the 5% quota reserved therefor.

4. Hence this petition.

5. Mr. Vijay Poonia appearing for the petitioner has relied on the information booklet relating to NEET UG Medical/Dental Admission/Counselling, 2019 (MBBS/BDS) issued by the office of the Chairman, NEET UG Medical and Dental Admission Counselling Board, 2019. He submitted that under clause 4 of the eligibility criteria set out in the aforesaid information booklet, sub-clause (e) thereof provides that the certificate of disability issued in accordance with the Rules of 2017 will only be considered, albeit the UG Admission Board would then itself verify the certificate of disability by a Medical Board constituted at its instance at the time of physical verification as per MCI norms. Mr. Vijay Poonia submitted that the information booklet does not state that as to what would the procedure in the event of discrepancy in the certificate of disability issued under the Rules of 2017 and the conclusions of the Medical Board constituted by the UG NEET Medical and Dental Admission/Counselling Board, 2019. He submitted that a certificate of disability issued under the statutory rules cannot be negated by the conclusions of a Medical Board constituted by the UG Admission/Counselling Board. And to resolve the imbroglio it would be appropriate Mr. Vijay Poonia submitted to refer the petitioner to a 3rd Medical Board. He submitted that such a Board be one at a medical college which is notified for verification of physical disability for admission in the quota of physically disabled for admission to seats in MBBS courses in the Central quota seats.

6. Mr. Harshal Tholia appearing for the respondents on instructions of Mr. Prakash Gupta, DLR, SMS Medical College submitted that in the facts obtaining the respondents would have no objection if the petitioner is referred to Vardhman Mahavir Medical College & Safdarjang Hospital, Ansari Nagar, New Delhi to be examined b