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2017 Supreme(Del) 3958

S.RAVINDRA BHAT, SUNIL GAUR
MEDICAL COUNCIL OF INDIA – Appellant
Versus
DIGANT JAIN – Respondent


Advocates Appeared:
For the Appellant :Sh. Vikas Singh, Sr. Advocate with Sh. T. Singhdev, Ms. Puja Sarkar, Ms. Mischalle Biakthan Singh and Sh. Tarun Verma, Ms. Ekta Sikri and Sh. Jasbir Bidhuri, Advocates.
For the Respondent:Sh. Bharat Sanghal, Ms. Vernika Tomar, Ms. Vidushi Garg, Ms. Isha Gupta and Ms. Anudita Deka, Sh. Kirtiman Singh, CGSC and Sh. Waize Ali Noor and Sh. Prateek Dhanda, Sh. Siddhartha Dutta, Advocate.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. These appeals are by the Guru Gobind Singh Indraprastha University (hereafter “the University”) and the Medical Council of India (hereafter “MCI”). They are aggrieved by the judgment of a learned single judge directing the admission of the respondent/candidate (the writ petitioner, hereafter called “Digant”) to the MBBS course commencing in the academic year 2017-18.

2. Digant complained of unfair treatment in regard to admission to the MBBS course, for which he had applied; his contention was that his application as a candidate with disabilities (as a thalassaemia patient) did not receive proper and due consideration in accordance with provisions of the Rights of Persons with Disabilities Act, 2016 (hereafter referred to as the “2016 Act”). The 2016 Act was brought into force on 19.04.2017. The earlier Act dealing with disabilities was repealed. Under the new law, the number of disabilities that can be considered were increased to 21. Thalassemia is a disability recognized by the new Act. This Act also increased the reservation of such category of persons (persons with disabilities -PWD) from 3% to 5%.

3. Digant applied in March 2017 for appearing in























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