INDEX

(1) Preface & Factual Matrix of the case……………………....2

(2) Contentions of the Petitioner…………….…………………...3

(3) Contentions of the Respondents……………………………..5

(4) Analysis, Discussions & Findings…..………………………..6

(5) Conclusion & Directions…...………………………………....27

(6) Parting Remarks…………………………………………………28

“The only thing worse than being blind is having sight but no vision.” -Helen Keller

More than sight, what truly empowers an individual to succeed in life is a vision or a dream and this vision is not limited alone to those with the sense of sight. With a determined vision, relentless hard work and the courage to take the plunge, individuals with visual impairment can conquer their challenges and thrive in their chosen fields.

Preface & Factual Matrix of the case:-

1. The petitioner, having qualified for the MBBS Course through NEET examination and successfully completed two years of medical studies, faced a life-altering accident that left her completely blind as she lost 100% vision. Despite this profound challenge, she remains determined to pursue her dream of becoming a Doctor. The precise issue to be decided by this Court in this writ petition is whether, under such circumstance, the petitioner can be permitted to complete the remaining portion of her MBBS studies or not.

2. The instant writ petition has been filed by the petitioner with the following prayer:-

“(I) by an appropriate writ, order or direction the respondents be directed to place the entire record pertaining to the petitioner before the Hon’ble Court and the Hon’ble Court after examining the same.

(II) by an appropriate writ, order or direction, the impugned decision dated 29.1.2021 not allowing the petitioner to pursue her studies in MBBS may kindly be quashed and set aside by the Hon’ble Court.

(III) by an appropriate writ, order or direction the respondents be directed to take effective steps for the petitioners and assist her as per the existing provisions of Disabilities Act in pursuing her studies of third year MBBS Course.

(IV) by an appropriate writ, order or direction the respondents be directed to allow the petitioner to appear with all other students in the Examination commencing/taken by the authorities and if such examinations are taken and petitioner is not able to appear, the Hon’ble Court may kindly direct the respondent authorities to conduct Special Examination.

(V) Any other order adversely affecting and prejudicial to the interest of the petitioner if passed during the pendency of the writ petition may kindly be taken on record and be quashed and set aside.

(VI) Any other order, which this Hon’ble Court deem just and proper may kindly be passed in favour of the petitioner.”

3. By way of filing this writ petition, the petitioner seeks directions against the respondents to permit her to pursue her MBBS Course and to take appropriate and effective steps to assist her in accordance with the existing provisions of the Right of Persons with Disabilities Act, 2016.

Contentions of the Petitioner:-

4. Learned counsel for the petitioner submits that the petitioner was admitted in MBBS Course in August, 2014 and successfully completed her MBBS first year and second by the year 2017. Learned counsel submits that the petitioner on 07.04.2017, the petitioner met with a road accident wherein she sustained serious head injury, including temporal contusion and skull fracture, which ultimately led to 100% loss of vision. Learned counsel submits that a Medical Board was constituted and based on the petitioner’s medical record, the Medical Board gave its opinion on 12.06.2020, and opined that the petitioner be allowed to pursue the MBBS

Course despite her visual impairment. However, learned counsel submitted that a subsequent Medical Board expressed a contrary view, opining that if the petitioner is permitted to complete the MBBS Course, she may not be able to effectively discharge the duties as a Doctor.

5. Learned counsel for the petitioner further submits