IMPORTANT POINT
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.

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:-

“It is, therefore, most respectfully prayed that the Hon’ble Court may call for the entire record concerning the case and by issuing writ, order or direction or in the nature thereof:-

(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 to reserve seats for persons with disabilities: all government educational institutions and other education institutions receiving aid from the government, shall reserve not less than three percent seats for persons with disabilities.

(iii) Issue any other writ, order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner.

(iv) Cost of the writ petition be also awarded in favour of the petition.”

2. The factual matrix of the instant matter is that the petitioner had applied online for All India Pre-Medical/Pre-dental Entrance Test (AIPMT) 2014-15 and secured a third rank under the category of person with disability. The dispute arose when Vardhman Mahaveer Medical College and Safdarganj Hospital, New Delhi, declared the petitioner ineligible for admission in the medical course as per the MCI/DCI guidelines, as petitioner was suffering from right sided hemiplegia and from permanent physical impairment of right lower and upper limb, and in terms of percentage 50% of disability lower limb and upper limb (Annexure-3).

3. Subsequently, being aggrieved by the certificate dated 17.06.2014, based on the guidelines of MCI, the present petition is filed.

4. In this background, learned counsel for the petitioner had submitted that during the pendency of this present writ petition, petitioner had completed the MBBS course and secured a degree in the year 2021, and had also completed Basic Life Support Training at B.J. Medical College Civil Hospital Campus Ahmadabad, on 22.01.2018.

5. Thereafter, upon successful completion of MBBS, the petitioner appeared for entrance examination qua Post Graduate course, wherein Medical Board had issued another certificate of disability dated 26.10.2021, holding petitioner ineligible and unfit for pursuing Post Graduation, due to the upper limb disability, however the same was challenged by filing another writ petition i.e. SBCWP No. 1050/2020 titled as Dr. Poonam Arya Vs. Union of India.

5. Learned counsel appearing on behalf of the petitioner had further submitted that qua the amendment in the Right of Persons with Disability Act, 1995 and The Indian Medical Council Act, 1956 by the Right of Persons with Disability Act, 2016, the medical council had issued a notification No. MCI-34(41)/2019-Med./112862 dated 13.05.2019 qua which the person with disability are eligible to pursue MBBS course.

6. Consequently, learned counsel appearing on behalf of the petitioner had submitted that the Coordinate Bench of this Court in Dr. Poonam Arya (supra), vide order dated 24.01.2022, considering the amended percentage criteria and eligibility qua person with disability as specified in Appendix-IV under the notification No. MCI-_18(1)/2018-Med./187262 of Gazette of India dated 13.03.2019, issue