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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
| Table of Content |
|---|
| 1. petitioner seeks admission despite disability. (Para 1) |
| 2. disability assessment prevents admission. (Para 2) |
| 3. regulation constraints for disability criteria. (Para 3) |
| 4. court declines to allow the petition. (Para 4) |
| 5. writ petition dismissed. (Para 5) |
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.
5. 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.
Disability assessment criteria under educational regulations establish eligibility for medical courses, disallowing admission when physical capacity requirements are not met.
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.
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.
The regulations setting eligibility criteria for students with specified disabilities, including the requirement for intact hands, were found to be valid and proportionate means to achieve excellence....
The court ruled that disability must be fairly assessed, emphasizing eligibility for medical courses should not be automatically disqualified based on disability alone.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
The main legal point established in the judgment is the importance of meeting the eligibility criteria, including the condition of both hands being intact with intact sensation, sufficient strength, ....
The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and ....
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