1. Writ Petition under Article 32 seeking admission to a medical course notwithstanding a disability. (Para 1 , 2 )
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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
Advocates appeared:
For the Petitioner(s): 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(s): 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(s): 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(s): 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
Disability assessment criteria under educational regulations establish eligibility for medical courses, disallowing admission when physical capacity requirements are not met.
Subject
Constitutional Law - Writ Jurisdiction
Act Referred
CONSTITUTION OF INDIA: Art.32
GRADUATE MEDICAL EDUCATION REGULATIONS: .
GRADUATE MEDICAL EDUCATION REGULATIONS: .
Headnote
(A) Constitution of India - Article 32 - Writ Petition for admission into medical course despite disability - The court determined that the petitioner's disability was assessed at 80%, making him unsuitable for the medical course as per the Graduate Medical Education Regulations. The upper limit of 80% disability applies only if both hands are intact with adequate sensation, which the petitioner lacks. (Paras 1-3)
(B) Educational Regulations - The court noted the need for suitable measures to facilitate participation of persons with disabilities, emphasizing compliance by the Central Government. (Paras 4-5)
Facts of the case:
The petitioner invoked Article 32 seeking admission to a medical course, but medical assessments indicated that his 80% disability rendered him ineligible.
Findings of Court:
The court dismissed the writ petition due to the medical board's assessment regarding the petitioner’s disability.
Issues: The main question was whether the petitioner qualifies for the medical course given the nature and extent of his disability.
Ratio Decidendi: The court held that the eligibility criteria set forth in the regulations prioritize physical capability, which the petitioner does not meet.
Result: Writ Petition dismissed.
(B) Educational Regulations - The court noted the need for suitable measures to facilitate participation of persons with disabilities, emphasizing compliance by the Central Government. (Paras 4-5)
Facts of the case:
The petitioner invoked Article 32 seeking admission to a medical course, but medical assessments indicated that his 80% disability rendered him ineligible.
Findings of Court:
The court dismissed the writ petition due to the medical board's assessment regarding the petitioner’s disability.
Issues: The main question was whether the petitioner qualifies for the medical course given the nature and extent of his disability.
Ratio Decidendi: The court held that the eligibility criteria set forth in the regulations prioritize physical capability, which the petitioner does not meet.
Result: Writ Petition dismissed.
Legal Category Hierarchy
Table of Contents
2. Reliance on Graduate Medical Education Regulation, 2019, regarding disability limits for medical course eligibility. (Para 3 )
3. Eligibility for medical courses under specific disability limits requires intact hands, sensation, and sufficient strength. (Para 3 )
4. Disability limits for medical course admission are contingent upon the candidate possessing essential physical capabilities, including intact sensation and strength. (Para 3 )
5. Writ Petition dismissed; Central Government directed to find solutions for effective participation of persons with disabilities. (Para 4 , 5 )
6. What are the physical requirements for a candidate with up to 80% disability to be eligible for a medical course under the Graduate Medical Education Regulation, 2019?
The candidate must have both hands intact, with intact sensations and sufficient strength, as this range of motion is essential for the medical course. (Para 3 )
7. Does a candidate qualify for medical course admission if they fall within the disability percentage limit but lack necessary sensation?
No, the candidate is not eligible to pursue the medical course if they do not fulfill the essential criterion of having intact sensation and strength. (Para 3 )
8. What is the obligation of the Central Government regarding the participation of persons with disabilities in professional education?
The Central Government is required to find a suitable solution to facilitate the effective participation of persons with disabilities. (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.
