Allowed

Mahendra Kumar S/O Shri Sahiram v. State of Rajasthan

Rajasthan HC12 Feb 2024SAW/278/2022

Case brief

AI extract

What is this about?

The Division Bench allowed the special appeal in an Aadhar/Aegis/NEET eligibility matter. Considering the amendment of rules permitting lower limb impairment and the appellant's 51% impairment with two years of MBBS study, the court quashed the earlier dismissal order.

What did the court decide?

The Special Appeal Writ is allowed; the order dated 24.01.2022 is set aside and quashed.

Mahendra Kumar S/O Shri Sahiram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:7125-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 278/2022

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Mahendra Kumar S/o Shri Sahiram, Aged About 19 Years, R/o Village Post Laxman Nagar, Tehsil Bapini (Falodi), District Jodhpur.

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----Appellant

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Versus

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State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur.

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The Superintendent Of Sms Hospital, Tonk Road, Jaipur.

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The Convener, Medical Board, Sms Hospital, Tonk Road, Jaipur.

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The Director General, National Testing Agency, First Floor, Nsic-Mdbp Building, Okala Industrial Estate, New Delhi.

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The Chairman, Neet Ug Medical And Dental/ Counseling Board, Neet 2021, Government Dental College, Subhash Nagar, Behind Tb Hospital, Jaipur

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The National Medical Commission, Through Its Secretary, Pocket 14, Sector 8, Dwarika, Phase-Ist, New Delhi.

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----Respondents

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For Appellant(s) : Mr. Dhanraj Bhaskar Mr. Vinod Goyal For Respondent(s) : Mr. Vibhuti Bhushan, AAG Mr. Angad Mirdha Mr. Bhawani Singh

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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12/02/2024

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Appellant has preferred this appeal aggrieved by the order dated 24.01.2022, passed by learned Single Judge in S.B. Civil Writ Petition No.173/2022 whereby, writ petition filed by the appellant was dismissed.

[2024:RJ-JP:7125-DB]

[SAW-278/2022]

(2 of 2)

It is contended by counsel for the appellant that the Division Bench directed for constituting a fresh Medical Board for giving its opinion which has come to the conclusion that appellant is having physical impairment of 51 per cent. It is also contended that thereafter, appellant has been given admission in MBBS course and is continuing for last two years.

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Learned counsel appearing for respondent No.6 contends that now law has been amended and if there is impairment in the lower limb, it is permitted as far as medical course is concerned. It is admitted that appellant has put his three years in the MBBS Course.

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We have considered the contentions. Since rules have now been amended and the physical impairment was found to be 51 per cent and appellant is already undergoing his MBBS Course for last two years, we deem it proper to allow the Special Appeal Writ and set aside and quash the order dated 24.01.2022.

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The Special Appeal Writ filed by the appellant is accordingly allowed.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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PAYAL DHAWAN /51

Mahendra Kumar S/O Shri Sahiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar S/O Shri Sahiram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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