Kerala High Court
Nidha.T vs Union Of India on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
WA NO. 1508 OF 2023
AGAINST THE JUDGMENT DATED 18.08.2023 IN WP(C) 24366/2023 OF THIS COURT
APPELLANT/PETITIONER:
NIDHA.T, AGED 21 YEARS D/0. KHALID.T, THIRUNILATH HOUSE, KUTTIPPALA
P.O., PANIKKARPADI, PERUMANNA, MALAPPURAM, KERALA - 676501
BY ADVS. M/S.P.A.MOHAMMED SHAH, RENOY VINCENT,FATHIMA AFEEDA P., ADITH
KRISHNAN.U., SHAHIR SHOWKATH ALI, ABEE SHEJIRIK FASLA N.K., CHELSON
CHEMBARATHY, SHILU SEBASTIAN & MUHAMED JUNAID V
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN
BHAWAN, NEW DELHI REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, GROUND
FLOOR, ANTYODAYA BHAWAN, ROOM NO. 637, A-WING, SHASTRI BHAWAN, NEW
DELHI - 110001
3. MEDICAL COUNSELLING COMMITTEE, NIRMAN BHAWAN, RAJPATH AREA, CENTRAL
SECRETARIAT, NEW DELHI-I 110001,REPRESENTED BY DIRECTOR GENERAL OF
HEALTH SERVICES.
4. NATIONAL TESTING AGENCY, DEPARTMENT OF HIGHER EDUCATION, C-20 1A/8,
SECTOR 62, IITK OUTREACH CENTRE, NOIDA, UP - 201309, REPRESENTED BY
ITS DIRECTOR GENERAL.
5. MEDICAL BOARD FOR DISABILITY ,(DESIGNATED DISABILITY CENTRE),
THIRUVANANTHAPURAM MEDICAL COLLEGE, THIRUVANANTHAPURAM, KERALA -
695011 REPRESENTED BY ITS CHAIRMAN.
6. DISTRICT MEDICAL OFFICER, MALAPPURAM, 23QH+C2F, CIVIL STATION RD, UP
HILL, MALAPPURAM, KERALA - 676505
7. NATIONAL MEDICAL COMMISSION, (FORMERLY MEDICAL COUNCIL OF INDIA),
POCKET - 14, SECTOR -8, DWARAKA PHASE - 1, NEW DELHI-
110077 REPRESENTED BY ITS CHAIRMAN (ADDL.-R7 IMPLEADED AS PER ORDER
DATED 31.07.2023 IN I.A.1/2023 IN WP(C) 24366/2023)
8. THE CONVENOR-NEET , CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA
KENDRA, 2- COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110092 [ADDL.
R8 IS IMPLEADED AS PER ORDER DATED 31.07.2023 IN I.A-1/2023 IN WP(C)
24366/2023]
9. THE DISABILITY CERTIFICATION BOARD, (DESIGNATED DISABILITY
CERTIFICATION CENTRE - NEET), MADRAS MEDICAL COLLEGE, PARK TOWN,
CHENNAI - 600003, REPRESENTED BY ITS CHAIRMAN [ADDL.R9 IS SUO MOTU
IMPLEADED AS PER ORDER DATED 02.08.2023 IN WP(C) 24366/2023]
BY GOVERNMENT PLEADER FOR R5 AND R6
ADV.SRI. TITUS MANI VETTOM FOR R7
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct Respondent No.2 to provisionally accept the application of the
appellant for Counselling (Allotment process) for NEET-UG-2023 under the
reservation allotted for OBC NCL/PwD category and the appellant may
provisionally be admitted to the allotted medical college pending disposal
of this Writ Appeal.
This Writ Appeal coming on for admission along with connected case
on 25/08/2023 upon perusing the appeal memorandum, the court on the same
day passed the following
A.J. Desai, C.J.
&
V.G. Arun, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.A.Nos.1507 & 1508 of 2023
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 25th day of August 2023
ORDER
A.J. Desai, C.J.
Admit.
We have heard learned Advocates appearing for the
respective parties. We have also gone through certain documents
which are relevant for consideration at this stage and the
judgment of the Hon'ble Apex Court in Vikash Kumar v. Union
Public Service Commission reported in (2021) 5 SCC 370.
2. The petitioners, who are physically disabled, had taken
the examination of the National Eligibility cum Entrance Test
(NEET) for getting admission in a medical course. Along with the
application, they had supplied disability certificates issued by the
Ministry of Social Justice and Empowerment, Government of
India and relying upon the same, they were permitted to take the
W.A.Nos.1507 & 1508 of 2023
examination as a disabled person. However, subsequent thereto,
by another certificate dated 15.06.2023, the Medical Board has
opined that they are not eligible to pursue a medical course.
However, comparing these two certificates similar disability is
reported and, therefore, prima facie we are of the opinion that
when the appellants were permitted to take examination on the
basis of the same disability and have cleared the same, the
authority may proceed further with the admission and grant such
admission if they are found otherwise eligible as per the object
and the provisions of the Rights of Persons with Disability Act,
2016.
The admission would be subject to the outcome of the writ
appeals.
Sd/-
A.J. Desai
Chief Justice
Sd/-
V.G. Arun
Judge
vpv
25-08-2023 /True Copy/ Assistant Registrar
