B. R. GAVAI, K. V. VISWANATHAN
Anmol – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. appellant's disability and admission (Para 1) |
| 2. details of the appellant's disability (Para 2) |
| 3. neet-ug examination results (Para 3) |
| 4. disability assessment board's decision (Para 4) |
| 5. writ petition filed by appellant (Para 5) |
| 6. court's directive to aiims (Para 6 , 7) |
| 7. dr. satendra singh's separate report (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43) |
| 8. court's conclusion on admission (Para 44 , 45 , 46) |
| 9. final ruling on appeal (Para 47 , 48) |
JUDGMENT
K.V. Viswanathan, J.
1. The present appeal calls in question the correctness of the order dated 23.09.2024 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in CWP No. 24293 of 2024 (O&M). By a short order, the Division Bench rejected the claim of the appellant, a ‘person with disabilities’ and upheld the denial of his admission to the MBBS Course. This Court, by its order dated 12.12.2024, while granting leave, after considering the report of the
Vidhi Himmat Katariya v. Union of India (2019) 10 SCC 20 [Para 26]
Vikash Kumar v. Union Public Service Commission & Ors.
Omkar Ramchandra Gond v. Union of India & Ors.
Om Rathod v. Director General of Health Services & Ors.
Bambhaniya Sagar Vasharambhai v. Union of India (Writ Petition (C) No. 856 of 2023) [Para 17]
The quantified disability alone cannot disqualify a candidate from medical admission; functional assessment and reasonable accommodations are essential for eligibility under the Rights of Persons wit....
The court emphasized that eligibility for medical courses must be based on functional assessments rather than mere disability quantification, reinforcing the principle of reasonable accommodation for....
Reasonable accommodation is a fundamental right for persons with disabilities, and Disability Assessment Boards must prioritize functional competence over mere quantification to ensure equality and i....
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
The court upheld the exclusion of candidates with disabilities from medical admissions based on a lawful assessment of functional eligibility, balancing inclusion with patient safety under the Rights....
The court affirmed that the UDID must be prioritized for disability claims over conflicting assessments, reinforcing the legal right to reservation for persons with benchmark disabilities.
The right to reasonable accommodation for PwBD candidates in educational admissions is fundamental; systemic discrimination based on disabilities violates constitutional equal rights.
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