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2019 Supreme(SC) 1133

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
Vidhi Himmat Katariya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s): Mr. Govind Jee,Adv. Mr. E. Seshagiri Rao,Adv. Mr. Krishna Kumar Singh,AOR
For the Respondent(s): Mr. Aniruddha P. Mayee,AOR Mr. A. Rajarajan,Adv. Mr. A. Selvin Raja,Adv. Mr. Sanjeev Kr. Choudhary,Adv. Mr. Gaurav Sharma,AOR Mr. Prateek Bhatia,Adv. Mr. Dhawal Mohan,Adv. Mr. Prasanna Mohan,Adv.

JUDGMENT :

M.R. SHAH, J.

In all the writ petitions, the respective petitioners – students have prayed for an appropriate writ, order or direction directing the respondents – State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant them admission in MBBS Course for the academic year 2019-20. It is the case on behalf of the respective petitioners that all of them are eligible to pursue MBBS Course and they shall be granted admission under the PwD category as they are suffering from ‘locomotor disability’. All of them are seeking admission to MBBS Course in the reserved category under PwD quota.

2. That Section 32 of the Right of Persons with Disabilities Act, 2016 (hereinafter referred to as the ‘2016 Act’), which came into force with effect from 19.04.2017 provides for reservation of not less than 5% in government educational institutions. Accordingly, the Medical Council of India notified the Regulations for providing 5% seats to candidates with benchmark disability in accordance with the provisions of the 2016 Act. It is the case on behalf of the petitioners that process of admission for MBBS Undergraduate course for th

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