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2019 Supreme(Del) 1812

D.N.PATEL, C.HARI SHANKAR
Rakshit Yadav – Appellant
Versus
University College of Medical Sciences – Respondent


Advocates:
Advocate Appeared:
A. Mariarputham, Yusuf Khan, Amarjeet Singh Girsa, Anil Arora, Geetanjali, Mohd Asif Ali, Mohinder J.S. Rupal, Kaushik Ghosh, Anil Dabas, Praveen Kumar, T. Singhdev, Tarun Verma, Biaktnansangi Das, Puja Sarkar, Arunima, Abhijit, Sumangla, Vibhor Garg, Sumit Mishra.

JUDGMENT :

C. Hari Shankar, J.

1. The petitioner, who belongs to the Other Backward Classes (OBC), seeks admission in the MBBS course in University College of Medical Sciences (UCMS), under the Government of National Capital Territory of Delhi (GNCTD) in the "Persons with Disability (PWD)" quota.

Facts

2. In 2016, the petitioner passed his Class XII examination.

3. The petitioner is in possession of a "'Certificate for the person with Disabilities", dated 24th April, 2016, issued by the Medical Board, Janakpuri Super Speciality Hospital (Government Hospital under the Govt. of NCT of Delhi), which certifies that the petitioner is a case of "Encephalomyelities with Quadriparesis" and was physically disabled with 75% permanent disability. The certificate further states that the condition is non- progressive.

4. Admittedly, the type of disability, suffered by the petitioner, is a "locomotor disability" for the purposes of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "RPWD Act"), which governs and regulates the rights of persons with disability. Section 3

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