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M. S. SONAK, KAMAL KHATA
Shahid Akeel Shaikh – Appellant
Versus
Union of India, through its Ministry of Health & Family Welfare, New Delhi – Respondent
JUDGMENT :
M.S. SONAK, J.
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties.
3. Even otherwise, by our orders dated 11 September 2024 and 19 September 2024, we had clarified that this matter would be disposed of finally at the admission stage, given the urgency involved.
4. The Petitioner, who suffers from a locomotor disability to the extent of 40%, seeks an appropriate writ from this Court to direct the Respondents to admit him to the MBBS course against the PwD-OBC (PH) quota.
5. After the institution of this Petition, the Petitioner, through legal aid, instituted Writ Petition (Civil) No. 552 of 2024 before the Hon’ble Supreme Court seeking similar relief. By order dated 6 September 2024, the Hon’ble Supreme Court relegated the Petitioner to this Court.
6. The order dated 6 September 2024 reads as follows:
The court established that inadvertent errors in application forms should not bar eligible candidates from admission, reinforcing the principles of reasonable accommodation for persons with disabilit....
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 ....
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, ....
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
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