Back
ZIYAD RAHMAN A. A.
Kshithi P. V – Appellant
Versus
Union of India Represented By Its Secretary, Ministry Of Education, Shastri Bhavan, New Delhi – Respondent
JUDGMENT :
Ziyad Rahman A.A., J.
The petitioners in these Writ Petitions are aggrieved by the assessment of physical disability made by the State Medical Board and the State Level Committee constituted by the State Government, to assess the physical disability and suitability of the candidates, for considering them for admission to the MBBS and other medical courses, as contemplated in the prospectus issued for KEAM 2024.
2. In all these cases, the petitioners were certified by the competent authorities under the Right of Persons with Disabilities Act, 2016(hereinafter referred to as the RPwD Act, 2016) as persons with benchmark disability having sustained an extent of disability of 40% and above. As per Section 32 of the RPwD Act 2016, all Government institutions of higher education and other higher educational institutions receiving aid from the government shall reserve not less than 5% seats for persons with benchmark disabilities.
3. Being eligible for the reservation contemplated under Section 32 of the RPwD Act, 2016, all the petitioners have submitted their applications. As part of processing the said applications, the petitioners were subjected to examination by a State Medical
The court established that valid certifications under the RPwD Act must be recognized for admission to medical courses, emphasizing the authority of designated certifying bodies over assessments by o....
The assessment of disabilities under statutory guidelines by competent authorities must be prioritized over any subsequent assessments made by non-statutory boards for admission to medical courses.
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
The Appellate Medical Board's assessment should be given sanctity, and challenges to the constitution of the Special Medical Board should be raised in the writ petition. The State has a duty to make ....
The court upheld the exclusion of candidates with disabilities from medical admissions based on a lawful assessment of functional eligibility, balancing inclusion with patient safety under the Rights....
The 2016 Act's provisions for certifying disabilities take precedence over extra statutory assessments, ensuring that admissions are based on valid certifications.
The court affirmed that the UDID must be prioritized for disability claims over conflicting assessments, reinforcing the legal right to reservation for persons with benchmark disabilities.
Reasonable accommodation is a fundamental right for persons with disabilities, and Disability Assessment Boards must prioritize functional competence over mere quantification to ensure equality and i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
