THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI
AND
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.24984 of 2020
(Taken up through video conferencing)
ORDER: (Per Hon'ble Sri Justice Joymalya Bagchi)
Petitioner is aggrieved by the impugned decision of the
1st respondent-University in holding that he is ineligible for
admission to medical course in Person With Disability (PWD) category due to visual impairment namely retinitis pigmentosa.
Learned counsel appearing for the petitioner submits that appropriate authority under the Rights of Persons With Disabilities Act, 2016 (hereinafter referred to as 'PWD Act, 2016') issued a certificate stating that he is suffering from visual disability of 40%. He contends 1st respondent-University has no authority to sit in judgment over the statutory certificate so issued and he ought to be allotted a seat as other candidates with 40% disability, who had obtained lesser marks than to him. In this light, he seeks impleadment of the said candidates by way of I.A.No.1 of 2021. He also filed I.A.No.2 of 2021 for amendment of the reliefs in the writ petition.
Sri G.Vijaya Kumar, learned Standing Counsel for 1st respondent-University, draws our attention to the guidelines regarding admission of students with 'specified disabilities' under PWD Act, 2016. He submits any visual impairment equal to 40 or more percentile disentitles a candidate from admission unless such impairment may be reduced with advanced low vision aid. He contends the petitioner has been unable to show that the 2 nature of his visual impairment may be remedied in such manner. Hence, he does not stand on same footing with other candidates, who have been given such benefit.
Issue which arises for decision in the writ petition is whether the petitioner was eligible to appointment under PH category due to visual impairment equal to 40% degree. Relevant clause under guidelines regarding admission of students which has been disability relating to visual impairment reads as follows:
Type of Specified Disability Eligible for Eligible Not Eligible
Disability Medical for for Medical
Course, Not Medical Course
Eligible for Course,
PwD Quota Eligible
for PwD
Quota
B.Visual a. Blindness Less than Equal to or
Impairment 40% More than
(*) disability 40%
b. Low vision Disability
(*) Persons with Visual Impairment/visual disability of more than 40% may be made eligible to pursue MBBS Course and may be given reservation, subject to the condition that the visual disability is brought to a level of less than the benchmark of 40% with advanced low vision aids It is patently clear from the aforesaid clause visual impairment equal to or more than 40 percentile would ordinarily disentitle a candidate for medical admission unless such impairment may be brought below the benchmark of 40% by advanced low visual aid. The petitioner is found to suffer from retinitis pigmentosa and nothing has been placed on record to show that such impairment may be brought below 40% through advanced visual aid. Under these circumstances, we are 3 constrained to observe that the decision of the 1st respondent holding that the petitioner ineligible for admission in the PH category cannot be said to be contrary to law or relevant guidelines or that he had been discriminated vis-a-vis other candidates, who have been appointed in the aforesaid category. For the aforesaid reasons, we find no merit in the writ petition.
Accordingly, the Writ Petition is dismissed. In view of dismissal of the writ petition, I.A.No.1 of 2021 and I.A.No.2 of 2021 are also dismissed. No order as to costs.
As a sequel, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________________ JUSTICE JOYMALYA BAGCHI __________________________ JUSTICE A.V.SESHA SAI Date: 20.01.2021 Note: Issue CC within a week (B/o) Ivd