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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Ocean Gupta, D/o. Shri Mahendra Gupta – Appellant
Versus
State of Rajasthan, through its Principal Secretary, Department of Medical Education – Respondent
| Table of Content |
|---|
| 1. eligibility and rights of pwbd candidates in neet admissions. (Para 3 , 5 , 6 , 10) |
| 2. arguments from petitioner on wrongful exclusion from pwbd category. (Para 12 , 13) |
| 3. court’s analysis of compliance with disability certification and procedural fairness. (Para 16 , 20 , 21 , 22 , 24) |
| 4. final order quashing the exclusion of petitioner from counseling. (Para 25 , 26) |
JUDGMENT :
NUPUR BHATI, J.
1. An application (No.01/2025), filed by the petitioner for substituting name of respondent No.2-“Union of India through its Secretary, Ministry of Health and Family Welfare, DGHS, Medical Counselling Committee, Nirman Bhawan, New Delhi-110011” from “Union of India, through its Director General, Directorate General of Health Services, Medical Counselling Committee, Govt. of India, Nirman Bhawan, New Delhi-110011” from the array of party respondents in the writ petition, is allowed for the reasons mentioned therein.
2. The amended cause title, as already filed, is taken on record.
3. By way of present writ petition under Article 226 of the Constitution of India, the petitioner challenges the action of respondent No.4 in denying consideration under the ‘PwBD Category’, despite the
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
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 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.
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 ....
The right to reasonable accommodation for PwBD candidates in educational admissions is fundamental; systemic discrimination based on disabilities violates constitutional equal rights.
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, ....
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
The court established that inadvertent errors in application forms should not bar eligible candidates from admission, reinforcing the principles of reasonable accommodation for persons with disabilit....
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.
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