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2024 Supreme(SC) 928

B. R. GAVAI, ARAVIND KUMAR, K. V. VISWANATHAN
Omkar Ramchandra Gond – Appellant
Versus
Union of India – Respondent


JUDGMENT :

K.V. Viswanathan, J.

1. Omkar Ramchandra Gond (the appellant) grew up in a middle-class family in the city of Latur in Maharashtra State. His father is a government servant. The appellant had a creditable academic performance in his tenth standard scoring 97.2%. He cleared his school final in the first division. The appellant aspired to be a doctor. Nothing wrong with it, except that he had to surmount a few legal hurdles enroute.

2. Admittedly, the appellant has speech and language disability and is diagnosed with Hypernasality with Misarticulation IN K/C/O Repaired Bilateral CLEFT of palate. The appellant is certified to have 45% (in some reports, it was mentioned as 44%) permanent disability as per the Disability Certificate dated 18.05.2017.

3. The appellant applied for the National Eligibility Cum Entrance Test NEET (UG), 2024 for admission to MBBS Course from the category of Persons with Disability (for short “PwD”) and Other Backward Classes (OBC) on 18.02.2024.

4. The application form had a disclaimer clause which stated that the eligibility under the PwD Category was purely provisional and was to be governed as per the National Medical Commission (NMC) guidelines reg

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