In the matter of Sri Nandeesh C M vs National Medical Commission on 25 November, 2022(W.P.No.22910/2022 (EDN-MED-ADM) observed by The hon’ble judges Alok Aradhe and S Vishwajith Shetty In this writ petition, the petitioner inter alia seeks a writ of mandamus directing respondent No.2 to consider the application of the petitioner under physically disabled quota as contemplated in the guidelines issued by the Medical Council of India.
FACTS OF THE CASE
The facts which led to the filing of this petition are briefly stated that the petitioner is suffering from chronic neurological diseases in relation to his right hand, right leg, left upper limb. Disability certificate dated 13.04.2022 was issued to the petitioner by District Hospital Shivamogga, Karnataka stating that the petitioner is suffering from chronic neurological diseases and the disability suffered by the petitioner was assessed to the extent of 58%. It is pertinent to mention that the petitioner’s disability was assessed under the Postgraduate Medical Education Regulations 2018. The petitioner sat for the NEET examination for a person with a disability in 2022 based on the said disability. Karnataka Examinations Authority, Bengaluru has declared the final result of candidates under Physically Handicapped Quota on 07.11.2022. The petitioner was declared ineligible in the above category. With regard to the above factual circumstances, the petitioner appealed to this court. Learned counsel for the petitioner, while bringing to the attention of this Court the disability certificate issued by the Shivamogga Medical Board, submitted that the petitioner is eligible to participate in the above category as the petitioner is suffering from chronic neurological diseases to the extent of 58%. However, on 7 November 2022, the petitioner was wrongly declared ineligible
JUDGEMENT
The hon’ble judges Alok Aradhe and S Vishwajith Shetty observed in view of the above submission and the special circumstances of the case and taking into account the fact that the applicant’s disability fell under the category of physically disabled and must be assessed under the Postgraduate Medical Education (Amendment) Order 2019, we consider it appropriate to order the petitioner to, on 26.11. .2022 at 11:00 a.m. presented to the Head of Neurology Department, Victoria Hospital, Bengaluru, after which the Head of Department will investigate the disability of the petitioner and submit it to the Karnataka Investigation Authority. As fairly submitted by the learned counsel for the Karnataka Examining Authority, the above report which may be submitted by the Head of Department, Victoria Hospital, will be acted upon by the Karnataka Examining Authority. Needless to emphasize that in case the petitioner is found eligible to participate under the physically challenged quota, he/she will be eligible to participate in the collection round of counselling.
As per the above instructions, the petition is disposed of.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR
