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IN THE HIGH COURT OF DELHI
D.N. Patel, Amit Bansal, JJ.
Alok Ranjan - Appellant
Versus
National Medical Commission - Respondent
W.P.(C) 9933 of 2020, CM Nos. 31622 of 2020 and 13877 of 2021
Decided On : 28-09-2021




The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and necessary for maintaining medical standards.

Headnote:(A) Medical Council of India Act, 1956 - Graduate Medical Education Regulations, 1997 - Amendment Regulations, 2019 - Admission to MBBS Course under PwD quota denied due to ineligibility based on physical disability criteria. The court ruled the amended regulations requiring both hands to be intact, with sufficient strength and sensation, for admission as valid and non-discriminatory. (Paras 32, 39, 41, 54)

(B) Disability assessment - Criteria for eligibility for medical courses - The court upheld that a candidate's permanent locomotor disability below 40% disqualifies them from admission under PwD quota unless they meet specific functional competency assessments. (Paras 34, 40, 42)

(C) Procedural compliance - Admission deadlines must be strictly adhered to, reflecting principles of merit and non-discrimination. The court emphasized the legitimacy of statutory provisions governing admission timelines. (Paras 52, 55)

Facts of the case:
The petitioner, rejected for MBBS admission based on a disability certificate indicating permanent locomotor disability of 44%, contended against the rejection citing ability and merit. Admission was canceled due to failure to provide timely documentation and compliance with prescribed guidelines.

Findings of Court:
The court found no error in the authorities' decision to cancel the admission, affirming adherence to medical and regulatory standards established for eligibility.

Issues: The main issues were the validity of the regulations concerning disability criteria for admission and the procedural compliance regarding application deadlines.

Ratio Decidendi: The court determined the regulatory framework governing disability qualifications was reasonable and aimed at ensuring medical competency, rejecting arguments of discrimination since functional capacity was essential for medical practice.

Result: Petition dismissed.

Table of Content
1. factual background of the petitioner's application and difficulties. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. arguments for admission based on disability. (Para 13 , 14 , 15 , 16 , 17 , 18)
3. respondent's arguments against petitioner's admission. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
4. court's analysis regarding eligibility based on disability regulations. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56)
5. final dismissal of the writ petition. (Para 57 , 58)

JUDGMENT

D.N. Patel, C.J. 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 thenature 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 thenature 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 o


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