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2024 DIGILAW 614 (MP)

Priyanka Patel v. State of M. P.

2024-09-10

AVANINDRA KUMAR SINGH, VIVEK RUSIA

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ORDER Per: Justice Vivek Rusia 1. The petitioner has filed the present Writ Petition seeking direction to the respondents to correct the entries with regard to declaration about the person with disability in the application form submitted to participate in the NEET- UG -2024. 2. According to the petitioner, she suffers from permanent disability to the extent of 45 % (Locomotor Disability). The District Medical Board, District Hospital Shahdol issued certificate to that effect. Thereafter, Civil Surgeon, Shahdol has also issued certificate dated 12.4.2024 being competent authority under Department of empowerment of Persons with Disabilities. She is also having Unique Disability ID issued by Government of India. The petitioner submitted an application form to participate in the NEET-UG-2024 but inadvertently did not disclose about the status of PWD category. The respondent i.e. National Testing Agency issued admit card to the petitioner under the non PWD category. The petitioner appeared in the examination and thereafter score card was issued to the petitioner. Thereafter, the petitioner submitted an application for consideration of her candidature under the PWD category on 20.8.2024 and approached before this Court thereafter. 3. The respondent Nos. 1 and 2 filed reply by submitting that NTA brochure for NEET-UG-2024 Appendix-VII and information bulletin Annexure R-2 provides the list of disability certification centers and the certificate issuing authority, thus in order to avail the benefit of PWD reservation, the mandatory requirement is to obtain certificate from one of the designated centers for the purpose of admission admission to the UG/PG Courses. The petitioner is not possessing the certificate from any designated centers, therefore, she cannot be permitted to avail the benefit of reservation under the said category. 4. The respondent No.3/National Testing Agency has also filed reply by submitting that after receipt of notice, the answering the respondent issued information bulletin that all the candidates shall ensure that the information like name, mother's name, father's name, gender, date of birth, category, PWBD status, mobile number etc. provided by them in their online form is correct. The were also advised to exercise the utmost care in filling up correct details in the online application form. Thereafter another information and public notice dated 13.3.2024 was released giving an opportunity for correction of the entries in the form from 18.3.2024 to 20.3.2024. The petitioner did not opt to correct any of the entries in the form. The were also advised to exercise the utmost care in filling up correct details in the online application form. Thereafter another information and public notice dated 13.3.2024 was released giving an opportunity for correction of the entries in the form from 18.3.2024 to 20.3.2024. The petitioner did not opt to correct any of the entries in the form. In the column, for the desired information, she has categorically mentioned 'No' as regards her status as PWD, therefore, now at this stage, the petitioner cannot be permitted to correct the entries. 5. After hearing learned counsel for the parties, we are of the considered opinion that in the application form, the petitioner filled ''no'' in respect of eligibility for PWD quota, thereafter, the admission card was issued by National Testing Agency in which also ''no'' is written in the said category. The petitioner appeared in the examination and score card was issued in which also ''no'' was written. The petitioner made all the communication after declaration of the result. The opportunity was given by National Testing Agency was not avail by the petitioner well within time. The Disability Certificate on which the petitioner is placing heavy reliance was issued on 12.4.2024 i.e. after submitting the application form, therefore, now the petitioner cannot be permitted to correct the entries in the application form. 6. The petitioner is placing reliance on a Disability Certificate (Annexure P/3) issued by District Medical Board, District Hospital, Shahdol, Certificate issued by Civil Surgeon, Shahdol, Madhya Pradesh in format issued by Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India and Unique Disability ID. 7. Ms. Janvi Pandit, Addl. A.G. upon instructions submits that these two Certificates are not admissible to claim the reservation in the PWD category. It is further submitted by learned Janavi Pandit, Addl. A.G. that petitioner did not register herself to participate in 1st round and 2nd round of the counselling, therefore, the petitioner cannot be permitted to participate in the counselling. Now she can appear in the mop up round under the PWD category and if she produces these two certificates, the Department shall send to Director General of Health Services (DGHS). The respondents shall consider her candidature in PWD category. Now she can appear in the mop up round under the PWD category and if she produces these two certificates, the Department shall send to Director General of Health Services (DGHS). The respondents shall consider her candidature in PWD category. The petitioner shall be at liberty to participate in the mop up round of counselling in PWD category, thereafter, the respondents shall consider the candidature of the petitioner in accordance with law/ NMC guidelines. If the respondents reject the candidature of the petitioner for want of DGHS' certificate, then the petitioner shall be at liberty to approach this Court again. 8. It is made clear that the seat reserved, shall be available in the second round counselling. With the aforesaid, Writ Petition is disposed of. C.C. today.