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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, TUSHAR RAO GEDELA
Roshan Lal Dhanka – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
MANMOHAN, C.J.
1. Present petition has been filed challenging Appendix “H–1” titled as ‘Guidelines regarding admission of students with “Specified Disabilities” under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course’ contained in Regulations on Graduate Medical Education, 1997 (“Impugned Regulation”) which provide that persons with amputation are not eligible for admission in medical course.
2. Learned counsel for the petitioner states that pursuant to the declaration of the result of NEET-UG 2024, the Petitioner went to the designated disability center i.e. Dr. Ram Manohar Lohia Hospital. On assessing the Petitioner, the Hospital certified that the Petitioner is suffering from 70% Locomotor Disability. However, it further certified that the Petitioner was ineligible to pursue further medical education which has rendered the Petitioner wholly ineligible to participate in the NEET-UG 2024 counseling and has jeopardized the Petitioner’s future.
3. Issue notice.
4. Mr. Kavindra Gill, CGSC accepts notice on behalf of Union of India (UOI) and Mr.T.Singhdev, Advocate accepts notice on behalf of National Medical Commission (NMC). They draw t
The court ruled that disability must be fairly assessed, emphasizing eligibility for medical courses should not be automatically disqualified based on disability alone.
The regulations setting eligibility criteria for students with specified disabilities, including the requirement for intact hands, were found to be valid and proportionate means to achieve excellence....
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
Denial of admission to a person with disability in educational institutions, especially against the quota earmarked for persons with disability, shall be considered based on the candidate's ability t....
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, ....
Disability assessment criteria under educational regulations establish eligibility for medical courses, disallowing admission when physical capacity requirements are not met.
The quantified disability alone cannot disqualify a candidate from medical admission; functional assessment and reasonable accommodations are essential for eligibility under the Rights of Persons wit....
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 ....
The right to reasonable accommodation for PwBD candidates in educational admissions is fundamental; systemic discrimination based on disabilities violates constitutional equal rights.
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