A medical board's reassessment of a non-progressive disability to a higher percentage is unsustainable if it contradicts a prior valid certificate, especially when the candidate was previously found fit for a similar course.

ORDER

This Writ Petition is filed seeking the following reliefs:

“…to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ

(i) declaring the action of respondents in rejecting the candidature of the petitioner for admission into P.G. Course on the premise that disability of the petitioner in lower limbs is above 70% as illegal, arbitrary and unjust;

(ii) declare that 4^th respondent’s selection in preference to the Writ Petitioner is illegal and arbitrary;

(iii) consequently, set-aside the selection of 4^th respondent for admission into MD Radiology; and,

(iv) direct 1^st respondent to admit the petitioner in MD Radiology course against Roster Point No.31 (PH) in place of 4^th respondent and pass such other order or orders…”

2. Contents of the affidavit, filed by the Writ Petitioner, in support of the Writ Petition, in brief, are that, he has been suffering from Post Polio Residual Paralysis since 3^rd year of his birth; that the percentage of disability in terms of Medical Certificate issued by the Government General Hospital, Kakinada is 65% Permanent Disability in lower limbs; that in spite of physical disability in the lower limbs, it had not caused any hindrance to the petitioner to continue his education.

(b) The Medical Council of India issued Circular dated 14.07.2003 prescribing the guidelines for filling up of seats reserved for the persons having locomotive disability for admission into the Medical Courses, wherein, it was stated that the persons with disability in the lower limbs between 50% and 70% should be allowed the benefit of reservation under the Rights of Persons with Disabilities Act, 2016 for admission into the Medical Courses. The Central Government also issued letter bearing F.No.U.12021/ 8.202-MEC/ME-III, dated 12.05.2004 to consider the candidates for 3% quota having regard to disability to lower limbs between 50% and 70%; that the petitioner got (free seat) admission in Rangaraya Medical College, Kakinada in the year 2006 and accordingly, he joined in MBBS course and successfully completed the said course including Internship in the year 2012.

(c) The petitioner applied for Post Graduate Medical course offered by Dr.N.T.R. University of Health Sciences, Vijayawada for the Academic Year 2013 with Hall Ticket No.516743 and secured 4359 rank; that the disability percentage of petitioner was assessed at 65%, but with the rank of 4359, the petitioner could not get seat of his choice; that one Bhaskar Rao Sangareddy, belonged to BC-D community, also appeared in the said examination with Hall Ticket No.532065 and he secured 7213 rank and his disability was fixed at 40% - 50%.

(d) That Sri Venkateswara Institute of Medical Sciences issued prospectus SVIMSPGET-2014 invited applications to Post Graduate (MD) course for May, 2014 Session and notified 17 seats; that it was stated therein that in case, Medical Council of India permits for increase of seats in the existing course or permits new course(s), they would be filled from the merit list of the Entrance Test conducted by the University; that in pursuance of the said Notification, petitioner applied for the course and secured 73 marks in the Entrance examination and possessed 60.98% in MBBS course; that the petitioner secured 387 rank in the written examination; that 1^st respondent drawn up provisional list of PGET- 2014 (Merit-wise) under PH Category and in the merit list comprising of 21 candidates, the petitioner name was at Serial No.1, as he secured highest marks in the PH Category candidates and one Bhask