In the matter of Mr. Nayeem Ur Rahaman vs The Chief Secretary on 25 November, 2022(W.P.No.22873/2022 (EDN-RES) the writ petition, the petitioner inter alia seeks a writ of mandamus directing the respondents to consider the application of the petitioner under a person with disability quota as contemplated in the guidelines issued by the Medical Council of India. Alternatively, the petitioner has also prayed for a direction to consider the representation dated 08.11.2022 submitted by the petitioner.
FACTS OF THE CASE
The facts that led to the filing of this petition are briefly stated that the petitioner suffers from a disorder of the locomotor system of the left hand. Disability certificate dated 06.10.2022 was issued to the petitioner by the District Hospital Ballari, Karnataka stating that the petitioner is suffering from mobility impairment and the disability suffered by the petitioner was assessed to the extent of 40%. It is pertinent to mention that the petitioner’s disability was assessed under the Postgraduate Medical Education Rules, 2018. The petitioner sat for the NEET PWD examination in 2022 on the basis of the above disability. The Karnataka Examinations Authority, Bengaluru has announced the final result of the candidates in the PWD category 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.
The hon’ble judge Alok Aradhe and S Vishwajith Shetty observed that 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 challenged must be assessed under the Postgraduate Medical Education (Amendment) Rules 2019, we consider it appropriate to order the petitioner to appear before the Head of Orthopedic Department, Victoria Hospital, Bengaluru at 11:00 AM on 26.11.2022, after which the Head of Department will examine the applicant’s disability and submit it to the Karnataka Examining 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.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR