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ANAND PATHAK, BINOD KUMAR DWIVEDI
Sojal Agrawal – Appellant
Versus
State of M. P. – Respondent
ORDER
Pathak, J. - 1 .The present petition is preferred under Article 226 of the Constitution seeking following reliefs :--
i) That, order impugned dated 19.2.2022 (Annexure P-1) may kindly be quashed;
ii) That, the action of the respondents in not permitting the petitioner to attend the MBBS classes in respondent No.3 college may kindly be treated as illegal and respondent No.3 college may kindly be directed to permit the petitioner to attend the classes.
iii) That, action of the respondents, in denying the admission to the petitioner despite being selected in NEET P.G., 2021 and despite being allotted respondent No.3 college in the counselling, may kindly be quashed.
2. Precisely stated facts of the case are that petitioner is a student and after clearing his High School Examination, he participated in the National Eligibility Cum Entrance Test (NEET) Under Graduation Course (U.G.), 2021. Petitioner participated in the examination under the category “Person with Disability” (PwD). According to him, he has disability up to 65% in his left arm and disability certificate in that behalf is issued by the Government District Hospital, Morena (Annexure P-4).
3. Petitioner stood succes
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 ....
A person with benchmark disability cannot be denied admission in medical courses if they qualify according to merit and applicable reservation provisions.
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
The court affirmed that candidates with 40-80% disability are eligible for medical courses, promoting inclusivity in education.
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
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....
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
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