1. Students seeking MBBS admission under PwD quota — Challenge to eligibility criteria under the Right of Persons with Disabilities Act, 2016 and MCI Regulations. (Para 1 , 2 )
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2019 Supreme(SC) 1133
SUPREME COURT OF INDIA
ARUN MISHRA, M.R. SHAH, B.R. GAVAI, JJ.
Vidhi Himmat Katariya and others – Petitioners
Versus
The State of Gujarat and others – Respondents
Writ Petition (C) No. 885, 900, 1026 of 2019
Decided on : 04-10-2019
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.
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.
Important Points
IMPORTANT POINT
The relevant date for application of notification dated 4.2.2019 amending criteria for Pwd category candidates would be date of appearance before Medical Board.
The relevant date for application of notification dated 4.2.2019 amending criteria for Pwd category candidates would be date of appearance before Medical Board.
Subject
Education Law - Medical Education
Act Referred
CONSTITUTION OF INDIA: Art.32
MEDICAL COUNCIL OF INDIA REGULATIONS: Reg.4, Reg.4(1)(f), Reg.4(3)
RIGHT OF PERSONS WITH DISABILITIES ACT: S.32
MEDICAL COUNCIL OF INDIA REGULATIONS: Reg.4, Reg.4(1)(f), Reg.4(3)
RIGHT OF PERSONS WITH DISABILITIES ACT: S.32
Headnote
Medical education - Admission to MBBS course under PwD category - Process for admission to 2019-20 course commenced in October 2018 - NEET UG examination held on 5.5.2019 - MCI Regulations 1977 amended as for eligibility criteria for admission to MBBS course under PwD category - The criteria applies after NEET examination on successful candidates when they appear before Medical Board - Held, Medical Board rightly applied the criteria as notified on 04.02.2019 and petitioners were rightly disqualified - Section 32, Right of Persons with Disabilities Act, 2016. (Para 7)
Facts of the case:
The petitioners are seeking admission into MBBS course under Persons with Disability (PwD) category. The State Government declared non-eligible for admission.
Finding of the Court:
Petitioners were rightly disqualified.
Result: Petitions dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether eligibility is determined by regulations prevailing at the start of the selection process or those in effect at the time of admission. (Para 3 , 4 , 5 )
3. Eligibility criteria for medical courses are determined at the time of admission; expert medical board opinions are binding absent evidence of mala fides. (Para 6 , 7 , 8 )
4. Eligibility for specialized quotas is determined by the regulations in force at the time of admission, not the date the selection process commenced. (Para 7 )
5. Writ petitions dismissed. (Para 9 )
6. When is the relevant date for determining eligibility criteria in a selection process for medical admission?
The relevant date for considering essential eligibility criteria is when the candidates actually seek admission to the course, rather than the date the selection process commenced. (Para 7 )
7. Does the principle that rules of the game cannot be changed midway apply to eligibility criteria updated before admission?
No, if the regulations are amended and published before the candidates seek admission and appear before the medical board, the updated criteria are applicable. (Para 7 )
8. Can a court override the findings of expert medical boards regarding a candidate's physical eligibility for a medical course?
No, the court will not act as an appellate authority over the opinions of expert medical boards unless there are specific allegations of mala fides. (Para 8 )
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 the academic year 2019-2020 commenced in the last week of October, 2018 and the eligible candidates were to submit applications online between 01.11.2018 to 30.11.2018. That the admit cards were released on 15.04.2019 and the examination was held on 5.5.2019, followed by declaration of result on 5.6.2019. All the respective petitioners appeared in the NEET (UG) 2019 and were declared successful. However, it is required to be noted that in the meantime the Board of Governors in supersession of the Medical Council of India amended the Regulations of Graduate Medical Education, 1997, by notification dated 4.2.2019, whereby Appendix ‘H’ came to be added to the erstwhile Regulations, 2017 – providing for minimum degree of disability to be 40% (Benchmark Disability) in order to be eligible for availing reservation for persons with specified disability. Appendix ‘H’ further provided that in case of ‘physical disability or locomotor disability’, the applicant may be assessed for “Both hands intact, with intact sensation, sufficient strength and range of motion” as essential to be considered eligible for medical course”. As observed hereinabove, thereafter the result of NEET (UG) 2019 came to be published in the month of June, 2019. As per the requirement, all the respective petitioners appeared before the Medical Board. However, all the respective petitioners were not fulfilling the requisite criteria as per Appendix ‘H’ to notification dated 04.02.2019 in the list published by the State Government on 29.06.2019. The petitioners were declared non-eligible for medical course. That thereafter the petitioners appeared before the Medical Appellate Board and the Medical Appellate Board also declared the petitioners not eligible for medical course. Hence, the respective petitioners have preferred the present petitions under Article 32 of the Constitution of India for the aforestated reliefs.
3. Learned Advocate appearing on behalf of the respective petitioners have vehemently submitted that the case of the petitioners for admission in the MBBS Course under the reserved category of PwD for the academic year 2019-20 shall not be governed by notification dated 04.02.2019, and that they shall be governed by the MCI Regulations, 2017. It is submitted that the relevant date to ascertain eligibility of the petitioners for medical course is to be determined on the date when the process of selection commenced, i.e., on 01.11.2018. It is submitted that on the relevant date MCI Regulations, 2017, dated 22.01.2018, were applicable and therefore eligibility, as such, for medical course is to be determined in terms of the provisions of the said Regulations. It is submitted that Appendix ‘H” to the notification amending the Regulations, 2017, which came into force with effect fr
