G. Rohini

1. The Central Board of Secondary Education (CBSE) issued a notification proposing to conduct All India Pre-Medical/Pre-Dental Entrance Test (AIPMT-2014) for admission to MBBS and Dental courses in the Government Medical Colleges for the Academic Session 2014-15.

2. The petitioners in both the writ petitions are persons suffering from locomotor disability. The petitioner in W.P.(C) No.4218/2014 is having disability in her left hand whereas the petitioner in W.P.(C) No.4344/2014 is a person with bilateral club hand and bilateral club feet.

3. Both the petitioners appeared for the AIPMT-2014 and secured Rank No.19 and Rank No.3 respectively in Physically Handicapped (PH) category. However, their candidature was not considered for admission into Medical course on the ground that the reservation of seats in medical colleges for Physically Handicapped candidates is restricted only for persons suffering from locomotor disabilities of lower limbs and the same is not available for the persons suffering from locomotor disability of upper limbs.

4. The Notification for AIPMT-2014 providing reservation of 3% seats on horizontal basis for physically handicapped persons of locomotor disabilities of lower limbs was admittedly issued in terms of the Regulations issued by the Medical Council of India called Regulations on Graduate Medical Education, 1997 as amended by Notification dated 25.03.2009.

5. Aggrieved by the action of the respondents in holding that the petitioners are ineligible for admission into Medical course against the 3% seats reserved under PH category, these two writ petitions are filed with a prayer to declare (i) the Notification dated 25.03.2009 issued by the Medical Council of India (MCI) to the extent of restricting the reservation only to the persons with locomotor disability of lower limbs; and (ii) Clause 10.1(d) of the Information Bulletin issued by the CBSE for conducting AIPMT-2014 containing similar stipulation that the 3% reservation for PH candidates shall be reserved only for persons with locomotor disability of lower limbs are ultra vires the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and unconstitutional and further to direct the respondents to consider the candidature of the petitioners for admission to MBBS course against the 3% seats reserved for persons with disabilities.

6. It is primarily contended in the writ petitions that the classification sought to be drawn between the persons with locomotor disability of the upper limbs and the persons with locomotor disability of the lower limbs is irrational both on facts and law apart from being contrary to the object of the “Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” (for short ‘Disabilities Act’) since the said Act does not draw any differentiation between the disability of lower limbs and upper limbs. It is also contended that the impugned Regulations and the Notifications are illegal and unconstitutional being violative of Articles 14 and 19 of the Constitution of India.

7. Before proceeding further, it may be mentioned that in exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956, the Medical Council of India made Regulations on Graduate Medical Education, 1997 (for short ‘Regulations’). The said Regulations initially did not provide for any reservation for the Physically Handicapped persons. However, in terms of the directions of the Supreme Court in All Kerala Parents Association of Hearing Impaired & Anr. Vs. State of Kerala, (Civil Appeal No.6120/2001) (2003) 2 WLN 692, the MCI issued the Notification dated 25.03.2009 thereby adding sub-Clause (3) to Clause 4 of Chapter II under the heading (Admission to the Medical Course - Eligibility Criteria) providing 3% reservation for admission into MBBS Course in terms of Section 39 of the Disabilities Act. Clause 4 of