Nadiya Tabassum v. The State of Assam and 9 Ors

ORDER Date : 04.11.2024

Heard Mr. M. K. Das, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned standing counsel, Health Department for the respondent Nos. 1, 2, 4, 5, 6, 8, 9 and 10; Mr. R.K.D. Choudhury, learned Deputy Solicitor General of Page No.# 3/6 India, for the respondent No.3 and Mr. B. Deuri, learned Govt. Advocate for the respondent No.7.

¶2The petitioner is holding a Disability Certificate, wherein, she is shown to be having 40% permanent disability in relation to her both eyes (low vision) issued by the Joint Director of Health Services, Hojai, Assam. The petitioner participated in the NEET-UG-2024 for admission in the MBBS Course in the various Government Medical and Dental Colleges of Assam. Thereafter, the Director of Medical Education, Assam issued an admission notice dated 29th of August, 2024 directing all the candidates who have been provisionally selected under the PWD Category to report with all their relevant certificates in original in the Office of the Principal cum Chief Superintendant, Gauhati Medical College & Hospital for verification of their disability status by the Medical Board on 2nd of September, 2024. Further, in the provisional selection list of the candidates (Round-1) for Assam State Quota whose names have appeared in Assam NEET UG-2024 merit list for admission into first year MBBS/BDS Course, Session 2024 in Government Medical and Dental Colleges of Assam, the name of the petitioner appeared at Sl. No.2915 and she was placed in Diphu Medical College, Diphu under the PWD category. Consequent to the Admission Notice dated 29.08.2024, the petitioner appeared before the Medical Board on 2nd of September, 2024.

¶3The Director of Medical Education, Assam thereafter, issued Admission Notice on 6th of September, 2024, informing all concerned that the candidates in the Admission Notice are found eligible under the PWD (DIVYANG) category for admission into the MBBS/BDS Course in the Government Medical and Dental Colleges for the Session 2024. In the said list, the Roll Number of the petitioner did not appear and accordingly, the petitioner filed the present writ petition praying for a direction to permit the petitioner to be admitted into the said Diphu Medical Page No.# 4/6 College, Diphu as per the provisional selection list of candidates issued by the Director of Medical Education on 29.08.2024.

¶4This Court after considering the matter and with the consent of both the parties, passed an order on 28.10.2024 requesting the authorities in the All India Institute of Medical Sciences (AIIMS), Guwahati to examine the case of the petitioner to assess her disability in terms of the Disability Certificate issued to her by the competent authority. While passing the order, this Court had also directed that the Medical Board, constituted by the authorities of the All India Institute of Medical Sciences, Guwahati shall strictly proceed in terms of the Amendment Notification dated 13.05.2019 (Appendix H-1) and the Notification dated

12.03.2024. The petitioner was directed to appear before the Medical Board constituted by the authorities of AIIMS, Guwahati on 30.10.2024.

¶5Accordingly, the Medical Superintendant, AIIMS Guwahati constituted a Medical Board Committee on 29.10.2024 with the approval of the competent authority. The petitioner appeared before the constituted Medical Board of the AIIMS, Guwahati and on examination, the committee gave its report that the petitioner is having 40% visual impairment, category III a (low vision).

¶6The learned counsel for the petitioner however submits that when the Medical Board constituted by the authorities of the AIIMS examined the petitioner, they did not proceed in terms of the Appendix H-1 appended to the Amendment Notification dated 13th of May, 2019, inasmuch as the petitioner was not examined by using advance low vision aids such as telescope/magnifier etc.

¶7A perusal of the comment sheet of the provisionally selected PWD candidates for admission into the MBBS/BDS Courses for the Session 2024 made by the constituted Medical Board of AIIMS, Guwahati also does not indicate whether the petitioner was examined by applying the advance low vision aids such as Page No.# 5/6 telescopes/magnifier as provided in Appendix H-1 of the Amendment Notification dated 13th of May, 2019.

¶8Serial No.1 (B) with regard to visual impairment as provided in the Appendix H-1 of the Amendment Notification dated 13th of May, 2019 provides that the candidates would be eligible for medical courses but will not be eligible for PWD quota if the visual impairment is less than 40% disability. However, with those candidates having equal or more than 40% disability, they are not eligible for medical course. However, a condition is provided in Appendix H-1 with regard to persons with visual impairment/visual disability which states that person 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 or less than the bench mark of 40% with advance low vision aids such as telescopes/magnifier etc.

¶9This Court finds force in the submission of the learned counsel for the petitioner that the advance low vision aids such as telescopes/magnifier were not applied on the petitioner to verify as to whether the visual impairment of the petitioner can be brought down below 40%.

¶10Accordingly, this writ petition is disposed of directing the Director of Medical education, Assam to facilitate the petitioner to appear before the Medical Board constituted by the Principal cum Chief Superintendant, Gauhati Medical College & Hospital by Office Order dated 30.08.2024. The petitioner is directed to appear before the said Medical Board on or before 5:00 pm today, i.e., 04.11.2024. In the event if any members of the Medical Board is not present, the Principal cum Chief Superintendant may nominate any other qualified specialist to fill up the vacancy in the said Medical Board. Thereafter, the Medical Board shall examine the petitioner by applying the advance low vision aids such as telescopes/magnifier etc., and Page No.# 6/6 thereafter give a finding as to whether the disability of the petitioner can be brought down below 40%.

¶11In the event, the Medical Board, Assam is of the opinion that the visual impairment of the petitioner cannot be brought down below 40% then the Board shall state the reason to that effect. On the basis of the report of the Medical Board, the Director of Medical Education shall take steps either to reject the case of the petitioner or give her admission into the said Diphu Medical College, Diphu.

¶12With the above observations and directions, this writ petition stands disposed of.

¶13As this order is passed in the presence of Mr. B. Gogoi, learned standing counsel, Health Department, he is requested to inform the Director of Medical Education forthwith to enable the petitioner to appear before the Medical Board as directed hereinabove. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010204912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5077/2024o NADIYAoTABASSUMo D/O-oNOZMULoHAQUE,oVILL.-oBORPUKHURI,oMOUZA-oJUGIJAN,oDIST.o HOJAI,oASSAM,oPIN-o782435,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo HEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oGOVT.oOFoASSAM,o DISPUR-781006,oGUWAHATI. 2:THEoPRINCIPALoSECRETARYoTOoGOVT.oOFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT oDISPUR-781006 oGUWAHATI. 3:THEoDIRECTORoGENERALo(ME)oGOVT.oOFoINDIA oDIRECTORATEoGENERALoOFoHEALTHoSERVICES oNIRMANoBHAWAN oNEWoDELHI-110011. 4:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oSIXoMILE oKHANAPARA oGHY-781022. 5:PRINCIPALoCUMoCHIEFoSUPERINTENDENT oGAUHATIoMEDICALoCOLLEGEoANDoHOSPITAL oBHANGAGARH oGHY-781032. Page No.# 2/6 6:THE SELECTION COMMITTEE REPRESENTED BY ITS CHAIRMAN AT GAUHATI MEDICAL COLLEGE BHANGAGARH GAUHATI-781032. 7:THE CHIEF COMMISSIONER DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT GOVT. OF INDIA NEW DELHI-110003. 8:DIRECTOR AND H.O.D. REGIONAL INSTITUTE OF OPHTHALMOLOGY GUWAHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GHY-781032. 9:JOINT DIRECTOR OF HEALTH SERVICES HOJAI-782435 P.O. AND P.S. HOJAI ASSAM 10:MEMBERS DISTRICT MEDICAL DISABILITY BOARD HOJAI-782435 ASSA Advocate for the Petitioner : MR. M K DAS, MS. B CHETRY,S J DUTTA Advocate for the Respondent : SC, HEALTH, SC, SOCIAL JUSTICE AND EMPOWERMENT BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR