The absolute and inviolable nature of the cut-off date for admission, as emphasized by the Supreme Court, played a crucial role in the court's decision.

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 The earlier Act dealing with disabilities was repealed.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 the National Eligibility-cum-Entrance Test, 2017 (NEET) as a general category candidate. NEET is an All India medical college entrance process. NEET results were announced on 23.06.2017. Digant says that on learning about the coming into force of the new Act, he filed an appropriate application before the competent authorities, i.e. the appellants, on 05.07.2017- for his re-categorization from “general” to “PWD” (“person with disability”). The appellants on 06.07.2017 accepted this and his status from general category was converted to PWD category; he was accordingly placed in the list of PWD category on the website of the University. Digant participated in the first round of counselling that took place on 23.07.2017. Since his name did not appear after the first round of counselling, he had been permitted to appear in the second round of counselling which was conducted on 12.08.2017. His name did not figure in the list of selected candidates, after the second round of counselling. It was argued on his behalf that in the third round of counselling, (which was the mop-up round, on 27.08.2017), he again appeared and participated, before the University. This occurred during the pendency of the writ petition, which was preferred on 26.08.2017.

4. Digant complained, in the writ petition, that the re-categorization of his candidature, and his participation in the various rounds of counselling, being admitted facts and indeed not disputed in the writ proceeding, denial of admission to him in the PWD quota was shocking and arbitrary. It was stated that the recategorization from originally the general category to PWD category took place on 16.07.2017. This fact was well known to the appellant/authorities, who gave no valid or cogent reason to deny him admission.

5. The University’s stand was reflected in its counter affidavit and the additional affidavit; it was submitted that the original 3% quota in the PWD category was enhanced to 5% quota. The University urged its hands were tied, because despite thalassemia’s recognition as a disability under the 2016 Act yet in the absence of the MCI’s clearance to it (the University) to treat a thalassemia patient as entitled for admission to the MBBS course, it could not grant admission. The University wrote several e-mails to MCI dated 30.07.2017, 04.08.2017, 10.08.2017, 14.08.2017 and 22.08.2017 seeking its guidance in respect of Digant’s status. Since there was no response, the University was constrained to convert the unfilled seats in the PWD category to the general category.

6. It was argued that as on the date of hearing of the writ petition, all seats were filled. It was argued that Digant approached the court later; the University relied on a circular dated 09.08.2017 notifying that all remaining vacant seats (