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ABDUL MOIN
Aakarsh Matta – Appellant
Versus
Consortium of National Law Universities – Respondent
JUDGMENT :
Abdul Moin, J.
1. Rejoinder-affidavit filed today is taken on record.
2. Heard Shri Vikas Singh, learned counsel who has filed vakalatnama on behalf of the petitioner, which is taken on record, Shri Rajat Gangwar, learned counsel appearing for respondent No. 1 and Shri Manik Sinha, learned Senior Advocate assisted by Shri Shishir Yadav, learned counsel for respondent No. 2.
3. Under challenge is the email dated 22.1.2024, a copy of which is annexure 14 to the petition, as well as the email dated 5.2.2024, a copy of which is annexure 18 to the petition sent by the respondent No. 1 whereby it has been indicated that as the petitioner has failed to produce Person With Disability (PWD) Certificate of permanent disability as per University norms, the National Law University, in this case the respondent No. 2, has rejected the claim of the petitioner for admission in the seat under PWD category.
4. A further prayer is for quashing the decision taken by the respondent No. 2 in respect of rejecting the petitioner's disability certificate dated 20.12.2023, quashing the 3rd provisional list of CLAT 2024 published by respondent No. 1 as contained as annexure 13 to the petition and for r
The court ruled that a temporary disability certificate suffices for admission under PWD category for candidates under 18, as permanent certificates are not mandated by law until the age of 18.
Temporary disabilities should not disqualify individuals from accessing benefits under disability categories, aligning with the long-term impairment focus of the Rights of Persons with Disabilities A....
The Act and the Guidelines for evaluation and certification of specified disabilities do not distinguish between temporary and permanent disabilities in the context of visual impairment, and must be ....
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
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 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 established that inadvertent errors in application forms should not bar eligible candidates from admission, reinforcing the principles of reasonable accommodation for persons with disabilit....
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
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