B. R. GAVAI, K. V. VISWANATHAN
Anmol – Appellant
Versus
Union of India – Respondent
On Reasonable Accommodation and Equality: - Reasonable accommodation is a positive obligation under disability rights framework, entailing modifications or adjustments to ensure equal opportunity without imposing disproportionate burden. (!) (!) (!) (!)
On Interpretation of Disability Eligibility Criteria: - Literal or mechanical application of disqualifying criteria (e.g., anatomical requirements) is impermissible if it disregards functional ability and technological aids; assessment must be individualized and competency-oriented. (!) (!) (!) (!)
On Judicial Review of Expert Opinions: - Courts can review expert assessments for unreasoned conclusions or statutory non-compliance; no absolute deference where fundamental rights are implicated. (!)
On Promotion of Inclusion in Education: - Exclusion based on overbroad classifications violates right to education and work opportunities for persons with disabilities. (!) (!) (!) (!)
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 Medical Board constituted by the All India Institute of Medical Sciences (AIIMS), including the separate opinion of Dr. Satendra Singh, a member of the Board, and considering the legal position directed that the appellant should be admitted in the Government Medical College, Sirohi, Rajasthan against a seat reserved for Persons with Disabilities (PwD) (OBC). By the order of 12.12.2024, the Court had observed that reasons would be separately recorded. The reasons are being recorded by virtue of the present judgment.
Brief Facts:
2. The facts lie in a narrow compass. The appellant had a distinguished academic record in school and passed his 10th grade and 12th grade examination with flying colours. It
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