IMPORTANT POINT
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 disabilities.

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:

“1. The Petitioner has already instituted a petition under Article 226 of the Constitution through legal aid counsel of the Bombay High Court Legal Services Committee. In that view of the matter, it would not be appropriate to entertain a petition under Article 32 of the Constitution, particularly since it deals with an individualized grievance pertaining to admission to the under-graduate medical course.

2. Since the petition is pending before the High Court, we permit the Advocate for the petitioner to move the Registrar (Judicial) of the High Court, who may seek administrative directions from the learned Chief Justice for listing it before an appropriate Bench so that it can be taken up at an early date.

3. The Petition is accordingly disposed of.

4. Pending applications, if any, stand disposed of.”

7. This Petition was assigned by the Hon’ble Chief Justice to this Bench on 10 September 2024. Accordingly, we posted it on 11 September 2024 at 10:30 a.m. after duly notifying the same on the cause list.

8. On 11 September 2024, we granted the Petitioner leave to implead the State of Maharashtra, State Common Entrance Test Cell and All India Institute of Physical Medicine and Rehabilitation (“AIIPMR”) as Respondents and directed the Petitioner to take immediate steps to serve these newly impleaded Respondents.

9. On 11 September 2024, we also made an interim order directing AIIPMR, one of the authorised and prescribed institutions for verifying disability status, especially of candidates afflicted with locomotor disabilities, to examine the Petitioner and verify the Petitioner’s disability status. The matter was posted on 19 September 2024, high on board, for final disposal.

10. The above interim relief was granted because the learned counsel for the Petitioner produced on record the ‘Provisional Selection Letter (CAP 1)’ issued by the State Common Entrance Test Cell, Maharashtra, printed on 1 September 2024 at 10:50 a.m. This Provisional Selection Letter states that the Petitioner was provisionally admitted to the MBBS course at Government Medical College, Kudal, Sindhudurg, against the PwD-OBC (PH) quota.

11. By notice dated 30 July 2024 (Exhibit ‘F’ on pages 21 to 23 of the paper book), all the children/widows of Armed Forces and Persons with Disabilities (CW & PwD) were advised to have ready their relevant documents to ensure their eligibility in the respective categories. The PwD candidates were directed to make appointments with any of the nearest/feasible centres out of the 16 notified centres listed in Annexure 1. For the Petitioner, who hails from Nashik, the two nearest/feasible disability certification centres were the AIIPMR, Mumbai, for locomotor disability only and Grant Government Medical College, J.J. Hospital Compound, for all disabilities as mentioned in disability certificate.

12. The Petitioner has pleaded that on 6 August 2024, the Petitioner personally visited the Grant Government Medical College, J.J. Hospital Compound, requesting that his disability position be certified. The Petitioner has also placed