1. Writ Petition under Article 32 seeking admission to a medical course notwithstanding a disability assessed at 80%. (Para 1 , 2 )
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2023 Supreme(SC) 1327
SUPREME COURT OF INDIA
M.M. SUNDRESH, ARAVIND KUMAR, JJ.
Bambhaniya Sagar Vasharambhai – Petitioner
Versus
Union of India & Ors. – Respondents
Writ Petition (C) No. 856 of 2023
Decided On : 31-10-2023
Advocates Appeared:
For the Petitioner: Mr. Ajit Kumar Sinha, Sr. Adv., Mr. Govind Jee, AOR, Mr. Omanakuttan K K, Adv., Mr. Kartikeya Khanna, Adv., Mr. Shivendu Prakash, Adv.
For the Respondent: Mr. Gaurav Sharma, AOR, Mr. Dhawal Mohan, Adv., Mr. Prateek Bhatia, Adv., Mr. Paranjay Tripathi, Adv., Mr. Tushar Gupta, Adv., Ms. Parinay Gupta, Adv.
For the Petitioner: Mr. Ajit Kumar Sinha, Sr. Adv., Mr. Govind Jee, AOR, Mr. Omanakuttan K K, Adv., Mr. Kartikeya Khanna, Adv., Mr. Shivendu Prakash, Adv.
For the Respondent: Mr. Gaurav Sharma, AOR, Mr. Dhawal Mohan, Adv., Mr. Prateek Bhatia, Adv., Mr. Paranjay Tripathi, Adv., Mr. Tushar Gupta, Adv., Ms. Parinay Gupta, Adv.
Important Points
A candidate with significant disability (80%) is ineligible for medical course admission if unable to meet physical prerequisites as stipulated in Graduate Medical Education Regulations.
Subject
Public Law - Education Law
Act Referred
CONSTITUTION OF INDIA: Art.32
Headnote
(A) Constitution of India - Article 32 - Writ Petition seeking admission to medical course despite disability - Report by Medical Board stating 80% disability rendering petitioner unsuitable for MBBS course - Court finds Amendment Notification does not apply as requirements for intact hands and sensation not met - Writ Petition dismissed. (Paras 2-4)
(B) Right to Equality - The court emphasizes the need for government intervention to facilitate effective participation of persons with disabilities in medical education. (Paras 5-6)
Facts of the case:
Petitioner applied for admission to a medical course, but was found unsuitable due to an 80% disability preventing fulfillment of necessary physical requirements.
Findings of Court:
The Medical Board's assessment affirmed the petitioner's ineligibility based on the required physical capabilities outlined in the regulations.
Issues: Key issue was the applicability of the Amendment Notification concerning disability eligibility criteria for medical admissions.
Ratio Decidendi: The court concluded that the physical criteria outlined in the regulations must be met; the petitioner did not meet the outlined criteria due to lack of intact hands and sensation.
Result: Writ Petition dismissed.
(B) Right to Equality - The court emphasizes the need for government intervention to facilitate effective participation of persons with disabilities in medical education. (Paras 5-6)
Facts of the case:
Petitioner applied for admission to a medical course, but was found unsuitable due to an 80% disability preventing fulfillment of necessary physical requirements.
Findings of Court:
The Medical Board's assessment affirmed the petitioner's ineligibility based on the required physical capabilities outlined in the regulations.
Issues: Key issue was the applicability of the Amendment Notification concerning disability eligibility criteria for medical admissions.
Ratio Decidendi: The court concluded that the physical criteria outlined in the regulations must be met; the petitioner did not meet the outlined criteria due to lack of intact hands and sensation.
Result: Writ Petition dismissed.
Legal Category Hierarchy
Table of Contents
2. Reliance on Graduate Medical Education Regulation, 2019, to claim eligibility for admission despite the disability. (Para 3 )
3. Eligibility under Appendix H-1 requires intact hands, sensations, and sufficient strength, which the petitioner failed to fulfill. (Para 3 )
4. Admission to medical courses for persons with disabilities depends on fulfilling specific physical functional criteria beyond the mere percentage of disability. (Para 3 )
5. Writ Petition dismissed; Central Government directed to facilitate effective participation of persons with disabilities. (Para 4 , 5 , 6 )
6. What are the physical requirements for candidates with up to 80% disability under Appendix H-1 of the Graduate Medical Education Regulation, 2019?
Candidates must have both hands intact, with intact sensations and sufficient strength, as these are essential for pursuing a medical course. (Para 3 )
7. Can a candidate be deemed unsuitable for a medical course despite falling within the permissible disability percentage?
Yes, if the candidate fails to meet essential physical criteria, such as the required sensation and range of motion, they may be found unsuitable. (Para 3 )
8. What is the government's obligation regarding the participation of persons with disabilities in medical education?
The Central Government is required to find suitable solutions to facilitate the effective participation of persons with disabilities. (Para 6 )
ORDER :
1. This is a Writ Petition invoking Article 32 of the Constitution of India seeking appropriate direction to admit the petitioner into the said medical course notwithstanding the disability suffered by him.
2. In pursuance to the order passed by this Court, a report was filed by the All India Institute of Medical Science dated 02.09.2023 stating that the petitioner’s disability has been assessed at 80% and he is not suitable to pursue the medical course. Thereafter another order was passed by this Court on 22.09.2023 leading to the subsequent report dated 26.09.2023. The Medical Board comprising of expert doctors in various fields reiterated their earlier report dated 02.09.2023 by giving adequate reasons for its recommendation that the petitioner is not eligible to pursue the MBBS course.
3. Though the learned counsel appearing for the petitioner placed reliance upon the Amendment Notification, dated 13.05.2019, Graduate Medical Education Regulation, 2019, we are of the view that the Appendix H-1 does not help the case of the petitioner as the upper limit of 80% disability would be applicable only to a candidate having both hands intact, with intact sensations and with sufficient strength. This range of motion is essential to be considered for medical course. Unfortunately, the aforesaid criterion is not fulfilled by the petitioner due to the lack of such sensation.
4. In such view of the matter, we are not inclined to allow this Writ Petition.
5. Writ Petition is accordingly dismissed.
6. However, the issue with regard to finding a suitable solution to facilitate the effective participation of persons with disabilities, by the Central Government, as suggested by order dated 22.09.2023 has not been addressed and therefore the same is required to be complied with.
