JUDGMENT :

P.B. SURESH KUMAR, J.

1. Petitioner is a person suffering from Cerebral Palsy. The issue in this case relates to the right of the petitioner to claim admission to MBBS course against the quota earmarked for “Persons with Disability.”

2. The petitioner appeared for the National Eligibility-cum-Entrance Test, 2020 (the Test) to secure admission to MBBS Course. She secured Rank No. 344859 in the Test. As per Clause 4(3) of the Medical Council of India Regulations on Graduate Medical Education, 1997 (the Regulations), 5% seats of the annual sanctioned intake capacity in Government and Government aided Institutions shall be filled up by candidates with benchmark disabilities in terms of the provisions of the Rights of Persons with Disabilities Act, 2016 (the Act) based on their rank in the Test, subject to the eligibility in terms of Appendix H-1 to the Regulations. In terms of the Act, a candidate with benchmark disability is a candidate with not less than forty per cent of a specified disability and the specified disability is any one of the disabilities specified in the S