'Classic Example of Non Application of Mind', Rajasthan HC Allows PwD Candidate's Plea To Issue Disability Certificate For Admission In MBBS Course

The court opined that the present case is a classic example of non application of mind by the Authorities, who deal with such an important issue of granting disability certificates. The belief of the court is forfeited from the fact that direction which was given by this court for medical examination of the petitioner for the second time also, resulted into issuing the certificate without adhering to the norms, which have been prescribed for considering the eligibility of a candidate, added the court.

Justice Ashok Kumar Gaur, observed,

"Since, this Court intends to allow the writ petition, the petitioner will now be entitled to participate in the Mop-up round of counselling or any subsequent counselling, to be conducted by the respondents and his result will be accordingly declared by the Authorities and will be granted admission if falls in merit."

Essentially, the instant writ petition has been filed by the petitioner seeking direction to issue permanent disability certificate for the purpose of getting admission in MBBS UG Course, 2021. The petitioner also feels aggrieved against the issuance of certificate dated 27.12.2021 by the Disability Certificate Centre—SMS Medical College, Jaipur, whereby, the petitioner has not been found eligible for admission in MBBS UG Course. The Court, while admitting the petition on 16.03.2022, had ordered the Competent Authority to re-examine the petitioner for disability certificate and also directed the Superintendent of SMS Medical College, Jaipur to constitute a Board for examining petitioner for the purpose of issuance of disability certificate. Thereafter, the petitioner was examined on 22.03.2022.

On 28.03.2022, the court directed the Board to re-examine the petitioner and remain more careful while discharging their duties, as the members of the Board had given earlier report, without considering the appropriate guidelines for the purpose of admission to Medical Courses in All India Quota. The report was again produced on 29.03.2022 for perusal of the court after considering the petitioner's case, as per the parameters laid down by the Competent Authority.

The court, while refusing to take action against the Officers who have been found negligent in performing their duties, directed the Authorities to perform their duties in proper manner, in future, with due application of mind. The court ruled that a copy of this order be sent by Registrar (Judicial) to the Principal and the Controller, SMS Medical College, Jaipur who in turn will direct/advise the members of the Board to remain careful and vigilant while dealing with the sensitive matters of admission of students/candidates more particularly in Medical/ Dental Courses

The court observed that the Authorities—Disability Certificate Centre, which have been entrusted with the job of considering eligibility of the candidates, who appear before them, are required to act in proper manner and they are required to adhere to the Gazette Notification, which has been issued and candidature of the candidates should be examined on the same parameters, as enumerated in the Gazette or guidelines issued from time to time.

The court found that the certificate dated 27.12.2021, filed with the writ petition, was issued by the Authorities in a very casual manner without thorough examination of the petitioner. It was added that the Authorities have been negligent in issuing the said certificate. The court observed that the Authorities have to keep in mind the guidelines which have been issued by the Competent Authority. The court remarked that issuance or non-issuance of the certificate has a very important bearing in the career of the student who applies for these certificates. The casual approach of the Authorities, can result in ruining the career of a student who is desirous to pursue the MBBS Course, added the court.

While observing that the Authorities did not act properly and issued certificate in most casual manner, the court noted,

"The Authorities who are to examine a candidate for the purpose of locomotor disability, are essentially required to keep in mind the parameters which have been laid down. The Authorities cannot simply say that person is not eligible to get admission as he is suffering from locomotor disability."

The counsel for the petitioner submitted that the second medical examination of the petitioner by Members of the Board, as per direction of this Court, also met with the same fate and the Authorities only made a remark that the petitioner had post head injury right spastic hemiparesis involving upper limb and lower limb with facial weakness on right side and tracheostomy mark and his permanent disability score was 2 and his permanent physical impairment score was 50% and due to involvement of right upper limb, he was unfit for NEET UG MBBS Course.

The counsel for the respondents-State submitted that as far as issuance of earlier certificate by the State Government is concerned, the same is of no relevance for the purpose of getting benefit as PwD and only Disability Certificate Centre, as notified, is competent to give certificate to such candidates, who want to claim benefit of reservation. He added that initially the examination by the Board Members did not give the complete details, however, on direction given by this Court, now proper medical examination of petitioner has taken place and new findings has been recorded and opinion has also been given.

Adv. Aatish Jain with Adv.Deepak Kumar Sharma appeared for the petitioner while AAG Dr.V.B. Sharma with Adv. Harshal Tholia and Adv. Digivjay Singh for Adv. M.S. Raghav appeared for the respondents.

Case Title: Anshul Sharma v. State of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 119

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