Allowed

Nikita Choudhary v. State of Hp and Ors.

Himachal Pradesh HC12 Dec 2022CWP/8388/2022

Case brief

AI extract

What is this about?

This writ petition challenged the respondents' action regarding the petitioner's admission to an MBBS course. The court examined the petitioner's disability percentage against the eligibility criteria. The petition was allowed with a direction to consider the petitioner's case for admission under the PwD quota.

What did the court decide?

Direction to the respondents to consider the case of the petitioner for grant of admission to MBBS Course in Dr. Rajendra Prasad Government Medical College and Hospital, Kangra.

Nikita Choudhary Vs State of Hp and Ors. — Education and Admissions | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.8388 of 2022

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Decided on: 12^th December, 2022

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____________________ Nikita Chaudhary	_________________________________ …..Petitioner Versus
State of HP & others	…..Respondents
_____________________ Coram	_________________________________
The Hon'ble Ms. Justice The Hon’ble Mr. Justice 1 Whether approved for rep	Sabina, Judge Sushil Kukreja, Judge orting?
____________________ For the petitioner:	_________________________________ Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate.
For the respondents:	Mr. Ajay Vaidya, Senior Additional Advocate General, for respondents No.1 to 3/State.
	Mr. Dinesh Kumar Thakur, Advocate, for respondent No.4.

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Sabina, Judge (Oral)

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Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-

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“(i) . That appropriate writ, order or direction may very kindly be issued directing the respondents to grant admission to the petitioner to MBBS Course

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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in Dr. Rajendra Prasad Government Medical College & Hospital, Tanda, where she has succeeded on merits under PwD Category, in the interest of law and justice.”

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We have heard learned counsel for the parties and have gone through the record available on the file carefully.

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Admittedly, as per Prospectus (Annexure P-6) and Appendix (Annexure P-9), a person, who is suffering from more than 80% disability, is not eligible for Medical Course and the persons, who is suffering from disability between 40% to 80%, is eligible for Medical Course under person with disability (PwD) quota.

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Since, as per report submitted by the Medical Board constituted by PGI, Chandigarh, the disability suffered by the petitioner is 78%, the case of the petitioner is liable to be considered by the respondents for admission to MBBS Course in Dr. Rajendra Prasad Government Medical College and Hospital, Kangra at Tanda, District Kangra, H.P.

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Accordingly, this petition is disposed of with a direction to the respondents to consider the case of the petitioner for grant of admission to MBBS Course in Dr. Rajendra Prasad Government

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Medical College and Hospital, Kangra at Tanda, District Kangra, H.P.

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Copy of this order be supplied to the learned Senior Additional Advocate General under the signatures of the Court Master for necessary compliance.

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Pending miscellaneous application(s), if any, also stand

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disposed of.

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(Sabina) Judge

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(Sushil Kukreja ) Judge

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December 12, 2022

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(VH)

Nikita Choudhary v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Nikita Choudhary v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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