HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 173/2022

Mahendra Kumar S/o Shri Sahiram, Aged About 19 Years, R/o

Village Post Laxman Nagar, Tehsil Bapini (Falodi), District

Jodhpur.

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary, Medical

And Health Department, Government Secretariat, Jaipur.

2.

The Superintendent Of SMS Hospital, Tonk Road, Jaipur.

3.

The Convener, Medical Board, SMS Hospital, Tonk Road,

Jaipur.

4.

The Director General, National Testing Agency, First Floor,

NSIC-MDBP Building, Okala Industrial Estate, New Delhi.

5.

The Chairman, NEET UG Medical And Dental/ Counseling

Board, NEET 2021, Government Dental College, Subhash

Nagar, Behind Tb Hospital, Jaipur.

----Respondents

For Petitioner(s)

:

Mr.Vinod Goyal, Adv.

For Respondent(s)

:

Dr.V.B.Sharma, AAG assisted by

Mr.Harshal Tholia, Adv.

Mr.Angad Mirdha, Adv.

Mr.M.S.Raghav, Adv.

[All Through Video Conferencing]

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

24/01/2022

This writ petition has been filed by the petitioner seeking a

direction to issue Permanent Disability Certificate, showing the

percentage of disability, as per the Rights of the Persons with

Disability Act, 2016 (for short, ‘the Act of 2016’).

(2 of 12)

[CW-173/2022]

The petitioner has further prayed that a direction is required

to be issued to the respondents for treating the petitioner in the

category of Persons with Disability (PwD), as per the result of

National Eligibility-cum-Entrance Test (for short, ‘NEET’) Under

Graduate 2021 Examination and after providing such reservation,

the Counselling Board further may be directed to allow the

petitioner to participate and award proper merit and rank, while

giving admission in the MBBS Course.

The petitioner has pleaded that after having requisite

eligibility to appear in the National Eligibility-cum-Entrance Test for

admission in Under Graduate Medical Course, he appeared in the

said examination having Roll No.3904017008. The petitioner has

further pleaded that while filling up the application form, he had

specifically mentioned the type of disability i.e. Locomotor

Disability, as provided under the Schedule of the Act of 2016.

The petitioner has pleaded that the Department of Medical &

Health, Government of Rajasthan has also issued the disability

certificate showing the Locomotor Disability upto 45% on

04.12.2019 and on the basis of the said certificate, the petitioner

had applied for his admission claiming the reservation in PwD

category.

The petitioner has pleaded that he secured All India Rank in

counselling as 106977 in the category of PwD, he secured 106^th

Rank.

The petitioner has pleaded that the instructions issued by the

respondents provided that the disability certificate was to be

obtained by him from SMS Medical College, Jaipur, as per the

Notice dated 01.12.2021, issued by the Government of India,

(3 of 12)

[CW-173/2022]

Directorate General of Health Services, Medical Counselling

Committee, New Delhi.

The petitioner has pleaded that he appeared before the

Medical Board of SMS Medical College, Jaipur for the purpose of

getting Medical Disability Certificate and the Authorities issuing

the certificate dated 17.12.2021 made a note that “final

permanent physical impairment can only be given after treatment

completion”.

The petitioner alleged that the Medical Board has declined to

issue proper disability certificate showing the percentage of

disability and also ignored the earlier disability certificate issued

by the State of Rajasthan. The petitioner has also pleaded that the

Authority i.e. SMS Medical College, Jaipur, while issuing the

certificate has specifically mentioned that there is a congenital

dislocation of left hip and the same being of permanent disability,

the Medical Board committed an apparent error while issuing such

certificate fo