Bambhaniya Sagar Vasharambhai vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1327

M. M. SUNDRESH, ARAVIND KUMAR
Bambhaniya Sagar Vasharambhai – Appellant
Versus
Union of India – Respondent

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.

Table of Content
1. petitioner's disability assessed for medical course eligibility. (Para 1 , 2)
2. criteria for medical course eligibility based on disability. (Para 3)
3. writ petition dismissed due to ineligibility. (Para 4 , 5)
4. need for government action on disability participation solutions. (Para 6)

ORDER :

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.

4. In such view of the matter, we are not inclined to allow this Writ Petition.

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

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