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SAMEER JAIN
Poonam Arya D/o Dr. Mohan Arya – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The present petition is filed under Article 226 of the Constitution of India for violation of Article 14, 16, 21 of the Constitution of India, with the following prayers:-
(I) The impugned order dated 17.06.2014 declaring petitioner not eligible to do MBBS Course be quashed and set aside and declare the decision of the medical council of India to be interpreted to mean the disabled category candidate who have locomotor disability of upper limb too are eligible for doing MBBS Course.
(ii) Further hold the petitioner to be eligible under the physically handicapped quota for admission. In the alternative declare the decision of only allowing candidates of locomotor disability of lower limb for admission as violative of Section 39 of the Disability Act, 1955.
(ii-a) The regulation for admission to undergraduate medical course/regulation-guidelines of MCI be declared null and void to Section 39 of the disabilities Act of 1995.Section 39 is reiterated below:-Section 39- All educational institution
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.
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, ....
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 ....
Disability assessment criteria under educational regulations establish eligibility for medical courses, disallowing admission when physical capacity requirements are not met.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
A candidate with significant disability (80%) is ineligible for medical course admission if unable to meet physical prerequisites as stipulated in Graduate Medical Education Regulations.
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 ruled that disability must be fairly assessed, emphasizing eligibility for medical courses should not be automatically disqualified based on disability alone.
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....
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