V. KAMESWAR RAO, J.

1. This writ petition impugns the action of the respondents rejecting the case of the petitioner seeking benefit of reservation against disability quota.

Facts:-

2. The present petition has been filed by the petitioner seeking the following reliefs:-

“(i) issue a writ, order or direction in the nature of certiorari quashing the amendment dated 25th March, 2009 bearing No. MCI-34(41)/2008-med./54469 to the Graduate Medical Regulation 1997 to the extent to which it limits admission of students having locomotary disability of lower limbs of more than 70% to the MBBS course;

(ii) issue a writ, order or direction in the nature of certiorari quashing the letter dated 21.04.2009 issued by respondent No.2;

(iii) issue a writ, order or direction in the nature of certiorari quashing the Para 2.2.4 of the Bulletin of Information for the Session 2013-2014 issued by the Faculty of Medical Sciences, University of Delhi;

(iv) issue a writ, order or direction in the nature of mandamus directing the respondent No.1 to admit the petitioner to the MBBS course against the seats reserved for physically handicapped persons;

(v) pass any other order or orders which this Hon’ble Court may deem fit and proper in the interest of justice and in the facts and circumstances of the case.”

3. It is the case of the petitioner that in the month of May, 2012 when the petitioner was studying in class 12th, she had to undergo medical treatment for low BP and during the treatment, her left leg was amputated due to lapses made by the hospital. The blood circulation of her leg was hampered due to lapse in IAVP procedure which was undertaken to enhance her BP and she became disabled. At that time, the petitioner was 17 years of age. After the amputation of her left leg, the petitioner got an artificial leg/prosthetic limb fitted and she can walk and perform her normal duties independently and confidently without crutches or sticks. The University of Delhi, Faculty of Medical Sciences, on December 3, 2012 issued a notification with regard to MBBS/BDS admission for the session 2013. As per the said notification, qualifying NEET (UG)-2013 examination to be conducted on May 5, 2013 was termed as mandatory to get admission to MBBS/BDS courses. The petitioner being eligible applied for the NEET examination. The results were declared on June 5, 2013 and the petitioner was declared qualified in the said examination. It is the case of the petitioner, that on April 21, 2009, the Medical Council of India respondent No.2 has issued a letter for admission to MBBS courses for the physically handicapped candidates, which inter-alia stipulated that the prescription of disability between 50% to 70% i.e locomotory disability of lower limbs for receiving the benefits of admission in the medical courses should continue subject to modifications that in the event when there are not sufficient number of candidates having locomotory disability of lower limbs of 50% to 70%, the unfilled seats should be filled up by the candidates having locomotory disability of lower limbs to the extent of 40% to 50% before they are converted into the open category seats.

4. Having qualified the NEET examination, the petitioner applied to the Faculty of Medical Sciences for admission to MBBS course against the seats reserved for physically handicapped persons. Along with the said application, the petitioner, annexed the disability certificate which was issued by the Committee of doctors of General Hospital, Gurgaon showing 80% disability. Pursuant thereto, the petitioner was assessed by Medical Board of Vardhman Mahavir Medical College (hereinafter referred to as “College”) & Safdarjang Hospital, New Delhi for the purpose of admission to Medical/Dental Courses. After examination, the Medical Board, issued the certificate of locomotor disability showing 80% disability, which disabilit