The main legal point established in the judgment is the importance of meeting the eligibility criteria, including the condition of both hands being intact with intact sensation, sufficient strength, and range of motion, for admission in the MBBS course under the PwD quota.

JUDGMENT :

D.N. PATEL, J.

1. This petition has been preferred with the following prayers:-

“a. issue appropriate writ, order or direction in the nature of mandamus thereby quashing the MCI gazette notification no.mci-18(1)/2018-med./187262 dated 05.02.2019/14.5.2019 for admission to medical courses in all India quota, restriction be removed for disabled person who has been stopped for getting admission in MBBS Course, not eligible because of involvement of right upper limbs;

b. issue of appropriate writ, order or direction in the nature of mandamus thereby directing the respondent no. 2 to 4 to get admitted the petitioner in MBBS course in respondent no.3 college under the quota of PWD (PH Quota) under the disability act, 2016 who has already admitted in MBBS course with the Respondent No.3 be continued.

c. issue appropriate writ, order or direction in the nature of mandamus for issuance of fresh disability certificate with correction that the petitioner is eligible for admission in MBBS Course and remove "Not Eligible" because of involvement of right upper limbs be removed" which mentioned in the disability certificate of the petitioner unwantedly as the petitioner is functioning well with right hand upper limbs and fulfill the condition of MCI sensation, strength and both the hands are intact.

d. Pass any other or further order which this Hon'ble Court deem fit and proper under the circumstances of the case in favour of the petitioners and against the respondents.”

FACTUAL MATRIX:

2. The present Petitioner had applied for admission in MBBS Course for the Academic Year 2020-21.

3. National Eligibility cum Entrance Test (Under Graduate) -2020 [hereinafter referred to as ‘NEET (UG) - 2020’] was conducted for entrance in MBBS Course on 13.09.2020. Petitioner had appeared in the said examination on 13.09.2020.

4. Under the NEET All India rank of the Petitioner was 4,47,653 and under the Category rank was 1,48,642. Petitioner is physically handicapped and in Physically Handicapped Category (hereinafter referred to as ‘PH Category’), his rank was 884.

5. Provisional allotment Letter (Annexure – C to the memo of the writ petition) was issued to the Petitioner by Respondent No.3 on 06.11.2020.

6. In view of the aforesaid provisional allotment letter, subject to furnishing disability certificate, provisional admission was granted to the Petitioner in PH Category.

7. On 11.11.2020, Petitioner supplied the disability certificate dated 30.12.2006. However, the certificate supplied was not a valid certificate as it was not obtained from designated institutes/hospitals as per Clause 5.2 of Information Bulletin of NEET(UG) – 2020. Since this was not permissible, the Petitioner gave an undertaking to Respondent No.3, to furnish fresh disability certificate from Safdarjung Hospital by 20.11.2020.

8. Thereafter, Petitioner approached Vardhman Mahavir Medical College and Safdarjung Hospital, New Delhi (hereinafter referred to as ‘Safdarjung Hospital’) which is an approved institution/hospital for NEET(UG) – 2020 as per Clause 5.2 of Information Bulletin of NEET (UG) – 2020.Safdarjung Hospital issued disability certificate dated 18.11.2020 (Annexure -E to the memo of this writ petition).

9. As per the aforesaid disability certificate, Petitioner was found not eligible to get admission in MBBS Course, as he was suffering from “Congenital Deformity of Hypoplasia of Right Upper Limb” with Shortening of Right Upper Arm & absence of the Right Upper Thumb and has Permanent Locomotor Disability of 44%.

10. Thereafter, petitioner again approached Respondent No.3-College on 21.11.2020 and sought further extension by a week for supplying disability certificate.

11. However, Petitioner could not supply disability certificate within a week from 21.11.2020. Hence, his admission was cancelled w.e.f. 22.12.2020.

12. Hence, Petitioner has preferred the present petition for t