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2022 Supreme(Raj) 254

DINESH MEHTA
Jitendra Vishnoi, S/o. Shri Pappa Ram Vishnoi – Appellant
Versus
National Medical Commission – Respondent


Advocates Appeared:
For the Appellant : Yash Pal Khileree.
For the Respondents: Manish Vyas, AAG.

ORDER :

Dinesh Mehta, J.

1. The petitioner has challenged the certificate dated 13.01.2022, issued by the Disability Assessment Board, wherein the petitioner has been held ineligible on account of having 27% disability-less than the requisite disability which makes a candidate entitled to claim reservation under Person with Disability (in short, 'PwD') Category.

2. The facts relevant for the present purposes are that the petitioner, being desirous of pursuing medical course, applied in the PwD Category on the basis of a certificate of disability showing 40% locomotor disability.

3. The petitioner's result was declared and his name was reflected in the list of PwD Category candidates called for counselling.

4. The petitioner appeared before the Disability Assessment Board, SMS. Hospital, Jaipur which declared the petitioner to be unfit to pursue medical course vide its report dated 29.12.2021.

5. The petitioner had earlier filed a writ petition challenging the aforesaid report dated 29.12.2021, however, the same was withdrawn as the petitioner had got himself subjected to assessment by Disability Assessment Board of Shri Ram Manohar Lohiya Hospital, New Delhi.

6. The Disability Assessment

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