Writ Petition No. 28109 of 2025 · The High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of l/andamus, declaring the action of Respondent No.2 to 3 in declaring the petitioner as not eligible under PWD Category for admission into IVBBS Course for the year AY 2025-26. ln spite of being declared as eligible under pWD Category by the medical board. Alllr,4S Nagpur, which is illegal, arbitrary and an abuse of authority and process of law and also rn violation of the Constitution of India and conser;uently to drrect the respondent no 2 to consider the petitioner under PWD Catego'y for admission into l\,4BBS Course for the year Ay 2025_26. IA NO: 1 OF 2025 Petition urder section 151 cpc praying that in the circumstances stated in the affidavit fil,?d in support of the petition, the High coufl may be pleased to direct the Respondents to consider lhe Representation dt.1 5.og.2o2s submitted by the petitioner, forthwith pending disposal of the above wr t petitjon. Counsel for the Petitioner: SRI MOHD. BASEER RlyAZ, REPRESENTTNG SRI MOHD BILAL Counsel for the Respondent No.1 & 3: Ms. K. SWAPNA MADHURI, AGP FOR HEALTH, MEDICAL AND FAMILY WELFARE Counsel for the Respondent No.2: SRI T. SHARATH, S.C. FOR K.N.R.U.H.S Counsel for the Respondent No.4: SRI K. PRABHAKAR REDDy, S.C. FOR NIMS The Court made the following: ORDER THE IION'BLE TIIE CIIIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.281O9 of 2o25 ORDER: Heard Mr. Mohd. Baseer Ri_vaz, learned counsel representing Mr. Mohd. Bilal, learned counsel for the petitioner, Ms. K.Swapna Madhuri, learned Assistant Government Pieader for Health, Medical and Family Welfare Department for respondent Nos. 1 and 3 and Mr. T.Sharath, learned Standing Counsel for the Kaloji Narayana Rao University ol Health Sciences (hereinafter referred to as 'the University') for respondent No.2

2. Petitioner has been declared inetigible under the State Quota upon assessment by the Medical Board of the University conducted on 72.08.2025 for the purposes of admission into MBBS/BDS Courses for the academic year 2025-26. The notice to PWD candidates issued by the respondent University dated

23.07.2025 required the PWD candidates to submit the documents at the time of physical assessment before the Medical Board constituted by the University in terms of the circular dated

19.O7.2025 issued by the National Medical Commission, New Delhi and the notice dated 2 l.O7 .2025 along r,vith interim .- ) Guidelines onassessmentmethodforgrantingadn-rissioninto Courses to PWD candidates for the academic vear MBBSi BDS 2025-26. Petitioner had earlier been assessed u'ith 66''l" disability as per certificate lss;ued by the Government of Andhra Pradesh on 27.12.2OI3i.e., aLbout 11 % year-s before he was agarn assessed at thetimeofadmis,sirlntotherespondentUniversity.Thepetitioner has also qualifie<l for counselling under the Central cluota of 157o vvherein also, such medical examination r'vas underlaken on Og.Og.2025 foi- ther purposes of assessing his medi<:al disability' The |,{edicai Boarrl of AIIMS' Nagpur assessed him as suffering from 4l'lo Locornotor Disability (Fage 39)' Petitioner contends [hat for admission to the MBBS/BDS Courses in the satne academic year', there shculd not be a divergence in assessment of his medical disability rn such close proximity' one b1' the Medical Board of the respondent University and the other bv the AIIMS' Nagpur, required tbr avaiiing the Central quota Therelore' petitioner, being aggrieved, has preferred this writ pel.ition' We have ':olsidered the submissions of learned counsel for 3 thc parties It is obviolrs that the disability ol 66o/u suffered bv the 27.12 2013 b1 the

4. petiLioner ils P':r certificatc issued on Government of Andhra Pradesh has definitel,y come down as even the AIIMS, Nagpur has assessed his Locomo[or Disability to 4lok only on O9.O9.2O25 i.e., 1%o above the Bench mark disability of 4Ook. The Medical Board of the respondcnl Universitl' has found him to be ineligible for PWD quota as he did not qualify the bench mark disability of 4Ooh or above. The slight variance ol 17o in the opinion of the Medical BoarC of AIIMS, Nagpur with that of the Medical Board of the respondent Unir.ersitv can be very much possible as no mathematical precision can be arrived at in such assessment. This Court sitting in judicial i-cvieu' should not, in the absence of any perversity in the opinion of the Medical Board, interfere in such matters. Petitioner is othenr-ise claiming his case for the State quota in the category of a local candidate of the State of Telangana as according to him, he fuifils the conditions prescribed under G.O.Ms.No.33, Health, Medical and Family Welfare (C1) Department dated 19.O7.2024 read with G.O.Ms.No.150, Health, Medical and Family Welfare (C1) Department dated 08.09.2025.

5. Be that as it may, this Court does not find any plausible reason to doubt the assessment of the Mcdical Board, which, along with the petitioner, has examined several other such caldidates, many of whom have been found to be eligible, while .- .+ some have been cteclared ineligible lor failing to meet the bench mark disabilitl' as required under the Right of Persons with Disabilities Act, 2() 16. No case of maLa fides is alleged against the respondent Uni',,ersity. Therefore, we do not find any reason to interfere in the rna tter.

6. The Writ F'etition is, accordingly, dismissed. However, there shall bc no ordcr as to costs Miscellancou s applications . pending, il an1'', shall stand closed To i/TRUE COPYi/ - M. NAGAMANI NT REGISTRAR S T ASSTS l\ \S)t,o* oFFrcER i

1. One CC to StRl l,4OHD BILAL, Advocate [OPUC] 2. Two CCs to GP for Health, Ir/edical & Family Welfare, High Court for the State of Telangana at Hyderabad. [OUT] -1. SHARATH, S.C. for K.N.R.U.H.S [OPUC] 3 One CC to SFll 4. One CC to Stll t( PRABHAKAR REDDY, S.C. for NIX/S IOPUC] 5. Two CD Copies N/P IMIVT ) HIGH COURT DATED:1710912025 6 o t( a -) J ,l I \r 7,, TI 0 g 2 ija\ . ,// / ".) -->'' ORDER WP.No.28109 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS a-D J I+