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2022 Supreme(Raj) 306

DINESH MEHTA
Sena Khokhar D/o. Shri Ramchandra Khokhar – Appellant
Versus
State of Rajasthan, Through Its Secretary, Department of Medical and Health, Government of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Sushil Solanki.
For the Respondents: Hemant Jain.

ORDER :

Dinesh Mehta, J.

1. The petitioner desirous of pursuing Medical course, appeared in the NEET UG examination as OBC PH category candidate and secured 1526th rank.

2. Petitioner being a PH candidate was subjected to examination by the Disability Assessment Board (hereinafter referred to as "the Board"). The Board held the petitioner ineligible to pursue medical course observing thus:

    "Amputation Right Hand Thumb and Index Finger-not eligible to pursue medical course."

3. Learned counsel for the petitioner argued that the Disability Assessment Board, constituted by the respondent No. 4, has simply rejected petitioner's candidature on the ground that the petitioner's right hand thumb and index finger are amputed, without recording any finding, as to whether the petitioner is able to pursue the course and thereafter perform the duties and responsibilities, which a medical practitioner, is required to perform.

4. It will not be out of context to reproduce the relevant para No. 5.3.3 and 5.3.4 of the guidelines of Information Bulletin issued by the National Testing Agency for admission to undergraduate Medical courses along with Public Notice dated 13.07.2021:

    "5.3.3. Candidates who cons

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