Excelsior Correspondent
Srinagar, Aug 26: High Court has directed the authorities to permit the specially abled candidate to register and participate in counselling pursuant to National Eligibility cum Entrance Test (NEET)-2023 under provisions in order to obtain admission for MBBS course.
The petitioner challenged the certificate issued by the Medical Board of Lady Hardinge Medical College and Associated Hospitals, New Delhi on July, 13, concluding therein that the candidate is not eligible to pursue the medical course as per National Medical Council (NMC) norms and has sought a direction upon the respondent-authorities to permit him to register and participate in the counselling so that he is able to obtain admission in the MBBS course.
Justice Sanjay directed for registering and permitting in the counseling of the candidate on a provisional basis. “However, this shall be at his own risk and cost and the petitioner shall file an undertaking before the respondents that if the instant writ petition is decided against him, his admission, in case he is admitted to the course, shall stand cancelled automatically”, read the order
The crux of the case is the petitioner was assessed with locomotor disability of 55% as his deficiency pertains to his left hand and despite that he participated in NEET exams and secured All India Rank of 1380 in the category of Persons With Disability (PWD).
After the declaration of result, vide notice dated 05.07.2023, the candidates under PWD quota were asked to get the disability certificate issued from any of the designated NEET Disability Centres through online mode.
Accordingly, the petitioner approached one of the designated Centre- Medical Board of Lady Hardinge Medical College and Associated Hospitals for getting the disability certificate. The Medical Board of issued the impugned certificate dated 13th July, 2023, wherein it was certified that he is suffering from locomotor disability of 55% and concluded that based on quantification of Disability the candidate is not eligible to pursue medical course.
Advocate Areeb with Aatir, the counsels for the petitioner-candidate raised a point before the court that it was not within the domain of the Medical Board to render an opinion whether or not the petitioner-candidate is eligible to pursue the medical course.
‘There appears to be a prima facie merit in the submission of the counsel for the petitioner. Accordingly, a case for grant of interim relief at this stage is made out. In view of the facts, it is directed that the respondent-authorities shall permit the petitioner to register and participate in the counseling pursuant to NEET (UG)-2023 under PWD quota on a provisional basis”, Court directed.
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