Suhena Nasrin v. The State of Assam and 8 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 and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, for the respondent Nos. 3 & 7.

¶2The petitioner, in the present writ petition, is having a 40% Permanent Disability Certificate with regard to her left leg (Locomotor Disability), which was Page No.# 3/5 issued by the Competent Authority on 08.01.2018. The petitioner appeared in the NEET-UG-2024 Examination for the Assam State Quota for admission into the MBBS/BDS Course under the disability quota. Thereafter, the Director of Medical Education, Assam issued an Admission Notice dated 29th August, 2024 directing all the candidates provisionally selected under the PWD Category to report with all the relevant certificates-in-original to the Office of the Principal-cum-Chief Superintendent, Gauhati Medical College & Hospital, Guwahati for verification of their disability status by the Medical Board on 2nd September, 2024. In the provisional select list of candidates (Round 1) for the Assam State Quota issued by the Director of Medical Education, Assam on 29th August, 2024, the name of the petitioner appears at Serial No. 3059 and she is placed in Nagaon Medical College, Nagaon under the PWD Quota. Pursuant to the Admission Notice dated 29th August, 2024, the petitioner appeared before the constituted Medical Board on

02.09.2024. Thereafter, the Director of Medical Education, Assam issued another Admission Notice dated 6th September, 2024, wherein the eligible candidates under PWD (DIVYANG) Category for admission into the MBBS/BDS Course in the Government Medical and Dental Colleges of State of Assam for the Session-2024 were reflected. As the name of the petitioner did not appear in the said Admission Notice dated 6th September, 2024, the petitioner is before this Court by way of the present writ petition.

¶3The learned counsel for the petitioner submits that as the petitioner has a 40% Permanent Disability Certificate with regard to Locomotor, the petitioner should have been selected after undergoing medical test constituted for the said purpose. However, the case of the petitioner has been rejected without following the procedures laid down in the Amendment Notification dated 13.05.2019 issued by the Board of Governors in supersession of the Medical Council of India, Page No.# 4/5 particularly, Appendix-H1.

¶4Considering the controversy involved with regard to the percentage of disability of the petitioner, this Court on 28.10.2024 had requested the Authorities in the All India Institute of Medical Sciences (AIIMS), Guwahati to assess the disability of the petitioner in terms of the disability certificate issued to him by the competent authority. Accordingly, the petitioner was directed to appear before the said Medical Board on 30.10.2024.

¶5In terms of the request made by this Court on 28.10.2024, the Authorities in the AIIMS, Guwahati constituted a Medical Board and examined the petitioner in terms of the Amendment Notification dated 13.05.2019, particularly, Appendix-H1. Thereafter, the Medical Board, AIIMS, Guwahati, in respect of the petitioner, recorded its comments as 10% Locomotor Disability.

¶6The Medical Board constituted by the Principal-cum-Chief Superintendent, Gauhati Medical College & Hospital, in terms of the Communication dated

29.08.2024 from the Director of Medical Education, Assam also examined the petitioner and found her having 10% Locomotor Disability.

¶7The Medical Board constituted by the Authorities in the AIIMS, Guwahati is an independent Body, which was constituted on the request made by this Court. The said independent Medical Board, AIIMS, Guwahati also found that the petitioner has 10% Locomotor Disability. Therefore, in terms of Appendix-H1 to the Notification dated 13.05.2019, the petitioner is eligible for medical course, however, not under the PWD Quota.

¶8Mr. B. Gogoi, learned standing counsel, Health Department, submits that the petitioner has been given provisional placement only on the basis of her application made under the PWD Category and accordingly, all the other seats have been filled up by other candidates on merit. Page No.# 5/5

¶9Accordingly, considering that the petitioner is having only 10% Locomotor Disability, the petitioner would not be eligible for consideration under the PWD Quota and accordingly, this writ petition is rejected.

¶10Interim order, passed earlier, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010204912024 ooooooo 2024:GAU-AS:10705 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/5159/2024 oSUHENAoNASRIN D/O-oSAFIRoUDDIN oVILL.-oHATIPUKHURI oMOUZA-oSAIDORIA oDIST.oNAGAON oP.S.oRUPAHIHAT oPIN-o782125 oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo8oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoHEALTHo ANDoFAMILYoWELFAREoDEPARTMENToGOVT.oOFoASSAM oDISPUR-781006 oGUWAHATI. 2:THEoPRINCIPALoSECRETARYoTOoGOVT.oOFoASSAM HEALTHoANDoFAMILYoWELFAREoDEPARTMENT oDISPUR oGUWAHATI-781006. o3:THEoDIRECTORoGENERALo(ME)oGOVT.oOFoINDIA DIRECTORATEoGENERALoOFoHEALTHoSERVICES oNIRMANoBHAWAN oNEWoDELHI-110011. o4:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM SIXMILEoKHANAPARA oGHY-781022. o5:PRINCIPALoCUMoCHIEFoSUPERINTENDENT Page No.# 2/5 GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GHY-781032. 6:THE SELECTION COMMITTEE REPRESENTED BY ITS CHAIRMAN AT GAUHATI MEDICAL COLLEGE BHANGAGARH GHY-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:JOINT DIRECTOR OF HEALTH SERVICES NAGAON P.O. AND P.S. NAGAON SADAR ASSAM 9:MEMBERS DISTRICT MEDICAL DISABILITY BOARD NAGAON ASSAM ------------ Advocate for : MR. M K DAS Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR