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2019 Supreme(Bom) 1982

RANJIT MORE, BHARATI H.DANGRE
Abc – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
V.M. Thorat with Pooja Thorat, Advocates, for the Appellant; R.A. Salunkhe AGP, for the State; S.S. Patwardhan, Advocate, for the Respondent No.3.; Ganesh Gole, Advocate, for the Respondent No.4.

ORDER

1. The issue involved in the present petition is whether the petitioner is suffering from benchmark disability under The Rights of Persons with Disabilities Act 2016. The petitioner claims that he was diagnosed with Mixed Anxiety and Depressive Disability (MADD). He obtained a certificate in terms of Gazette Notification No. MCI-34(41) 2018-Med./1170045 dated 5th February 2019 for admission to Medical Courses in All Indian Quota. The said certificate certifies that he has Permanent Mental Impairment with Disability Range of less than 40%. With the said certificate, the petitioner is desirous of obtaining a seat in Post Graduation course in terms of Section 32 of the Disabilities Act 2016 which make it imperative for institutions receiving aid from the Government to reserve not less than 5% seats for persons with benchmark disabilities. Learned counsel Shri Thorat appearing for the petitioner submits that the petitioner undisputedly falls within the benchmark disability as defined in Section 2(r) of The Rights of Persons with Disabilities Act, 2016. However, in light of the regulations framed by the Medical Council of India (MCI) on 13th March 2019, the criteria has been chang

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