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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Anshul Sharma – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 4541/2022
Decided On : 30-03-2022
Disability Certificate - MBBS UG Course - Gazette of India notification dated 04.02.2019 and 14.05.2019 - The court found that the petitioner is entitled for admission on the basis of reservation provided to the person who has suffered disability and if the petitioner has proper rank and merit for the purpose of admission, he will be permitted to participate in the counselling and he will be granted admission if he fulfills the requisite conditions and merit.
Fact of the Case:
The petitioner sought direction to issue a permanent disability certificate for admission in MBBS UG Course, 2021. The petitioner was found ineligible for admission based on the initial disability certificate. The court directed re-examination and found that the initial certificate did not consider the guidelines for issuance of disability certificate. After subsequent examinations, the court found the petitioner eligible for admission.
Finding of the Court:
The court found that the initial disability certificate was issued negligently and without thorough examination. It emphasized the importance of adhering to guidelines for granting disability certificates, especially in the context of admission to medical courses. The court allowed the writ petition, permitting the petitioner to participate in the counselling and granting admission if he meets the requisite conditions and merit.
Issues: Negligent issuance of disability certificate, adherence to guidelines for granting disability certificates, eligibility for admission to MBBS UG Course.
Ratio Decidendi: The court emphasized the importance of proper examination and adherence to guidelines for granting disability certificates, especially in the context of admission to medical courses. It held that the petitioner is entitled to admission based on reservation for persons with disabilities, provided he meets the requisite conditions and merit.
Final Decision: The court allowed the writ petition, permitting the petitioner to participate in the counselling and granting admission if he meets the requisite conditions and merit.
ORDER
1. The instant writ petition has been filed by the petitioner seeking direction to issue permanent disability certificate for the purpose of getting admission in MBBS UG Course, 2021. The petitioner also feels aggrieved against the issuance of certificate dated 27.12.2021 by the Disability Certificate Centre-SMS Medical College, Jaipur, whereby, the petitioner has not been found eligible for admission in MBBS UG Course.
2. The petitioner claims his eligibility in the category of Persons with Disability (PwD), as per the result of NEET UG-2021 examination and participation in the counselling, for the purpose of admission.
3. This Court, at the time of admission of the writ petition, had passed an order on 16.03.2022, whereby, the Competent Authority was required to re-examine the petitioner for the purpose of disability certificate and as such, this Court directed the Superintendent of SMS Medical College, Jaipur to constitute a Board, as required for issuance of certificate of disability and the petitioner was to appear before the Board for his examination for the purpose of issuance of disability certificate. Pursuant to the order of this Court, the petitioner was examined on 22.03.2022.
4. Learned counsel appearing for the respondents-State Mr.Harshal Tholia produced on record the report of the Medical Board which was constituted, as per direction of this Court and on perusal of the said report, this Court on 28.03.2022 found that the certificate which was issued by the members of the Board did not take into account the guidelines, which have been issued by the Competent Authority for issuance of disability certificate.
5. This Court on 28.03.2022 again directed the members of the Board to examine the petitioner and remain more careful while discharging their duties, as the members of the Board had given earlier report, without considering the guidelines which have been notified in the Official Gazette notifications dated 05.02.19/13.05.2019 for the purpose of admission to Medical Courses in All India Quota.
6. This Court had directed the petitioner to appear again before the Medical Board on 29.03.2022 and the petitioner accordingly appeared before the Medical Board. The report of the Medical Board dated 29.03.2022, has been produced for perusal of this Court.
7. This Court, after going through the report, finds that now the Medical Board considered the case of the petitioner, as per the parameters laid down by the Competent Authority, for the purpose of issuance of disability certificate. The findings of the members of the Medical Board and their opinion are reproduced as hereunder:-
"2. As per findings of the medical examination we members of medical board are of opinion that:-
(i) Candidate Shri Anshul Sharma S/o Late Shri Mukesh Kumar Sharma Age, 23 year, is having post traumatic (Head injury) sequel as right sided facial, upper limb and lower limb weakness (right spastic hemi paresis-right lower limb is involved more than upper limb), with normal left side of the limbs".
(ii) Candidate Shri Anshul Sharma having permanent physical impairment of fifty percentages (50 %) and according to the gazette of India notification dated 04.02.2019 and 14.05.2019 "both hands intact, intact sensation, sufficient strength and Range of motion are essential to be considered eligible for medical course". Candidate Shri. Anshul Sharma is having intact sensation, minimal weakness in right hand with normal range of motion in both hands. His left upper limb and lower limb is normal.
(iii) Due to this physical impairment he is able to perform activity of daily living without any assistance but is having minimal difficulty to performing precised work, like difficulty in holding pen in right hand and slow speed of the writing.
(iv) We the members of medical board are enclosing the report of medical examination in detail for perusal and kind consideration of the honorable High Court as per the law and the Gazette of India notification."
8. The perusal
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and ....
The main legal point established in the judgment is the importance of meeting the eligibility criteria, including the condition of both hands being intact with intact sensation, sufficient strength, ....
A disability certificate issued by the Competent Authority of the Government of Rajasthan, unless found forged or revoked by the competent authority as per law, remains lawful and valid and cannot be....
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
The court prioritizes functional competency over rigid disability percentages in educational admissions for disabled candidates.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
The court held that a competent authority's disability assessment cannot be altered by another board, and reliance on incomplete medical reports for disqualification is arbitrary.
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.
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