Rajasthan High Court - Jodhpur
Aarti vs National Testing Agency on 14 March, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 859/2022
Aarti D/o Mr. Rampratap, Aged About 19 Years, R/o Ward No. 8,
Village Bandhnau Utrada, Sardarshahar, Churu, Rajasthan.
----Petitioner
Versus
1. National Testing Agency, Through Its Senior Director,
Department Of Higher Education, Ministry Of Human
Resources Development, Government Of India, West
Block- 1, Wing No. 6, 2Nd Floor, R.k. Purm, New Delhi.
2. Neet-Ug Medical And Dental Admission/ Counselling
Board-2021, Through Its Chairman, Ruhs College Of
Dental Science, Shubhash Nagar, Behind T.b. Hospital,
Jaipur, Rajasthan.
3. Sawai Man Singh (S.m.s.) Medical College, Jaipur
Through Its Principal And Controller, New Campus Road,
Gangawal Park, Adarsh Nagar, Jaipur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 1543/2022
Sena Khokhar D/o Shri Ramchandra Khokhar, Aged About 20
Years, Resident Of Dookiyo Ki Dhani, Purnima Nagar, Gram
Panchayat Karwasaron Ki Dhani, Tehsil Merta, District Nagaur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department
Of Medical And Health, Government Of Rajasthan,
Jaipur.
2. The Professor, Department Of Orthopedics, Swai
Mansingh Hospital, Jaipur.
3. The Senior Director, National Eligibility-Cum-Entrance
Test (Ug), Ministry Of Health And Family Welfare,
Government Of India, New Delhi.
4. The Chairman, Neet Ug Medical And Dental Admission/
(2 of 3) [CW-859/2022]
Counseling Board- 2021, Govt. Dental College (Ruhs
College Of Dental Sciences), Jaipur.
----Respondents
For Petitioner(s) : Mr. Rahul Vyas
Mr. Bhakti Vyas for Mr. Sushil Solanki
For Respondent(s) : Mr. Manish Vyas, AAG
Mr. Mukesh Rajpurohit, ASG
Mr. Anil Kumar Khatri through VC
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/03/2022
These writ petitions have been filed by the petitioners
challenging the action of the respondents of declaring them
ineligible for undergoing MBBS Course.
Taking into consideration the arguments advanced on behalf
of the parties, this Court vide orders dated 24.01.2022 and
25.01.2022 requested the AIIMS, Jodhpur to constitute a Medical
Board for the purpose of giving report regarding the so called
ineligibility suffered by the petitioners.
Report from the AIIMS, Jodhpur was submitted before this
Court on earlier occasions, however, considering the request of the
counsel for the petitioners, this Court vide order dated 02.03.2022
again directed the Medical Board, AIIMS to conduct a fresh
examination of the petitioners and thereafter to specify the
ineligibility suffered by them.
Pursuant to that Mr. Mukesh Rajpurohit, ASG has submitted
the medical report of the petitioners prepared by the Medical
Board, AIIMS and the opinion in respect of petitioner Aarti is given
as under :-
(3 of 3) [CW-859/2022]
"On review examination by the Medical Board as
per order of Hon'ble High Court dated 02.03.2022,
ref.no. S.B. Civil Writ Petition No. 859/2022, the
candidate under examination was examined and
observed to have a Permanent Phy6sic al Impairment
of 44%(forty four percent) in relation to left upper
limb & lower limb which according to Gazette
notification of India Part 3 Section IV (published 4 th
Feb. 2019) appendix H S.No.1 Subsection a(f) makes
the candidate "INELIGIBLE" as Both Hands with
intact sensation, sufficient strength and range of
motion criteria as per above mentioned Gazette
notification is not being fulfilled by the examinee."
In respect of petitioner Sena Khokhar, the Medical Board
AIIMS, Jodhpur has reexamined her and given its opinion as
under:-
"On review examination by the Medical Board as
per order of Hon'ble High Court dated 02.03.2022,
ref.no. S.B. Civil Writ Petition No. 1543/2022, the
candidate under examination was examined and
observed to have a Permanent Physical Impairment of
40%(forty percent only) in relation to RIGHT UPPER
LIMB which according to Gazette notification of India
Part 3 Section IV (published 4th Feb. 2019) appendix
H S.No.1 Subsection a(f) makes the candidate
"INELIGIBLE" as Both Hands with intact sensation,
sufficient strength and range of motion criteria as per
above mentioned Gazette notification is not being
fulfilled by the examinee."
In view of the above facts and circumstances of the case and
looking to the report of the Medical Board, AIIMS Jodhpur
regarding ineligibility of the petitioners, I am of the opinion that
the petitioners are not eligible for admission in the MBBS Course.
Hence, these writ petitions are dismissed.
The medical report submitted by AIIMS, Jodhpur be taken on
record.
(VIJAY BISHNOI),J
132-Babulal/-
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