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2019 Supreme(Raj) 886

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA
Manohar Lal Swami – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Sandeep Singh Shekhawat
For the Respondents: Angad Mirdha
For the Intervener : Rajendra Prasad, Senior Counsel assisted by Karan Tibrewal

JUDGMENT :

Mohammad Rafiq, J.

1. This writ petition has been filed by Manohar Lal Swami inter alia with the prayer that the petitioner be declared entitled to the benefit of reservation under the disability quota in terms of Section 32 of the Right of Persons with Disabilities Act, 2016 (for short 'the Act of 2016')- Further prayer has been made that the Regulation on Graduate Medical Education (Amendment), 2019 with Appendix "H" promulgated vide notification dated 04.02.2019 whereby benefits of locomotive disabilities has only been extended to lower limb, be declared ultra vires the Section 36 of the Act of 2016 as also Articles 14 and 21 of the Constitution of India and the respondents be directed to admit the petitioner in MBBS Course under the disability category from the date other candidates were so admitted.

2. The petitioner is a specially abled person having congenital left upper limb disability. The petitioner does not have the left thumb. Department of Medical and Health, Government of Rajasthan has issued a disability certificate (Form IV) to the petitioner certifying that the petitioner has permanent disability of 40%. The petitioner participated in the NEET Examination i

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