Honble SINGH, CJ.–By this writ petition the petitioner seeks following reliefs :-

``(i) issue an appropriate writ, order or direction declaring the petitioner fully eligible to get admission in M.B.B.S./BDS course in view of his merit standing;

(ii) issue an appropriate writ, order or direction directing the respondent not to interfere in any manner whatsoever with the admission that has been granted to the petitioner in M.B.B.S. Course at Mahatma Gandhi National Institute of Medical Sciences, Jaipur;

(iii) issue an appropriate writ, order or direction directing the respondent that a candidate suffering from colour blindness cannot be held disqualified for admission to MBBS/BDS course;

(iv) any other appropriate order or direction which this Honble Court may deem just and proper in the facts and circumstances of the present case may kindly be passed in favour of humble petitioner including award of cost of this writ petition.

(2). The petitioner who belongs to OBC category, appeared in the RPMT held in May, 2001 under Roll No. 6011. He secured 870 marks. His name was placed in the list of successful candidates. On 30.8.2001, first counselling was held at the S.M.S. Medical College, Jaipur, as a result of which, the petitioner was allotted a seat in the BDS Course and was assigned to S.M.S. Medical College. Subsequently, on 28.9.2001, when second counselling took place, the petitioner was offered a seat in the MBBS Course in the Mahatma Gandhi National Institute of Medical Sciences, Jaipur. The petitioner in acceptance of the offer deposited a sum of Rs. 46,950 as Tuition Fee & other charges. A receipt evidencing payment of the aforesaid sum of money was issued by the college. On deposit of the aforesaid sum of money, the petitioner was granted admission in the MBBS Course and he started attending the classes. Petitioner was even allotted hostel accommodation by the college. Before the grant of admission to the MBBS Course, the petitioner was medically examined on 7.9.2001. Later, on 16.10.2001 the petitioner was notified that he was found medically unfit as he was unable to recognize the red and green colours when subjected to Edridge green lantern test with 13 and 1.3 mil. aperture. After the receipt of the aforesaid notice, the petitioner on 18.10.2001 requested the College for conducting a fresh medical examination of his eyes. The respondent acceding to the request of the petitioner constituted a second Medical Board vide order dated 31.10.2001 read with order dated 6.11.2001. On 7.11.2001 the petitioner was re-examined by the Board but was again declared medically unfit. Thereupon the petitioner, by an application dated 10.11.2001 to the respondent, requested for copies of the medical reports. It appears that copies of the medical reports were not given to the petitioner. As a result of the opinion of the Medical Boards his admission to the MBBS Course was cancelled. Aggrieved by the action of the respondent, the petitioner has filed the instant writ petition.

(3). In response to the writ petition, the respondent filed its reply. Along with the reply, the respondent has filed the medical report of the second Medical Board. The report reads as follows:-

``To

The Principal

SMS Medical College,

Jaipur.

Ref : You office order No. MC/GS/RPMT-ADM/2001/3425 dated 31.10.2001

Respected Sir,

In reference to your above mentioned office order, we the member of Board have examined Mr. Parmesh Pachar s/o Shri Suraj Bhan Singh for his colour perception today, the 1st Nov., 2001. We have found that Mr. Parmesh Pachar has not been able to appreciate red and green colour on Ishihara colour vision chart and also not able to appreciate red and greed colour on Edirich green lantern with wide aperture (13 mm) so he has colour blindness for red and green colour both. This is for your approval and necessary action.

sd/- sd/- sd/-

(Dr. Indu Arora) (Dr. P.K. Mathur) (Dr. Anita Khunteta)

Prof., of Prof., of Ophth. Prof., of Ophth.

Ophthalmology Member Member

Conveno

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