|Case No.||WP(C) 24864/2020||Date of Filing||12/11/2020||Status||Pending||Petitioners||Nimmi Alphonsa Joseph||Respondents||1. Department of Health & Family Welfare 2. Director of Medical Education 3. Commissioner for Entrance Examination 4. District Hospital 5. District Medical Officer 6. The Assessment Board for assessing Disability 7. Government Medical College Hospital 8. National Medical Commission 9. The Convenor, NEET 10. Senior Director, NEET (UG) Unit 11. Union of India 12. Central Council of Homoeopathy|
The petitioner, Nimmi Alphonsa Joseph is a person with visual disability, having low vision from the OBC category and is desirous of securing a medical seat. The writ petition was filed in the High Court of Kerala. This writ petition is filed by the Petitioner who is affected by the inaction of the Respondents, as they have not provided admission and reservation for persons with disabilities in Undergraduate Medical Courses.
This inaction has thus resulted in denying equal opportunity to the petitioner for the Undergraduate Medical Courses under The National Eligibility cum Entrance Test (Undergraduate) (NEET), 2020 and Kerala Engineering Architecture Medical (KEAM), 2020, which is an entrance examination series for admissions to various professional degree courses in the state of Kerala, India. The Petitioner is seeking MBBS/BHMS/DHMS admission under NEET, 2020 and KEAM, 2020. The petitioner had applied for admission to the Undergraduate Medical Course and had performed well in the NEET exam.
The petition challenges part of the Graduate Medical Education Regulations (Amendment) 2019 and Homeopathy (Degree Course) Amendment Regulations 2019. According to the Graduate Medical Education Regulations (Amendment) 2019, the NEET prospectus and the KEAM prospectus, persons who are visually impaired with a benchmark disability of 40% and above are ineligible to be admitted in the undergraduate courses. Clause 4B under Annexure B of the Homeopathy (Degree Course) Amendment Regulations 2019 is also under challenge in the writ petition to the extent to which it excludes the persons of visual impairment for both admission and reservation to the BHMS Course.
The Petitioner argued that the said Regulations are violative of the 2016 parent Act, the 2017 Rules, and Articles 14 and 15 of the Constitution. The Petitioner relies on the Rights of Persons with Disability Act 2016 (RPWD Act) and the Rights of Persons with Disability Rules 2017 (RPWD Rules), as per which the Petitioner is entitled to both admission and reservation in the undergraduate courses.
The petitioner has also stated that as per Dr. Syed Abdul Wahab Abdul Aziz vs State of Maharashtra,(W.P. 3197/2011) a person with disabilities having 45% visual disability can successfully work as a doctor. She has also argued that a subordinate legislation can be challenged as laid down in State of Tamil Nadu & Anr. v. P. Krishnamurthy & Ors. (2006) 4 SCC 517 and that the impugned regulation should also be set aside to the extent challenged.
This petition is currently pending.