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2025 Supreme(Online)(AP) 10991
HIGH COURT OF ANDHRA PRADESH
GANNAMANENI RAMAKRISHNA PRASAD, J
Dr. Lay Kanjibhai Paghdar – Appellant
Versus
Dr. NTR University of Health Sciences – Respondent
Writ Petition No: 12871 of 2025
For the Appellants/Petitioners: Sri Turaga Sai Surya
For the Respondents: Smt. Tata Venkata Sridevi, Sri R. Kalyana Chakravarthy
The court upheld the necessity of complying with updated educational regulations for medical courses and recognized the rights of disabled individuals to reasonable accommodations.
Headnote:(A) Constitution of India - Article 226 - Postgraduate Medical Education Regulations, 2023 - The petitioner sought a writ of Mandamus directing to issue a course completion certificate after completing 939 working days in line with the Regulations. The petition contended that reliance on outdated university regulations was arbitrary and illegal. Findings concluded that reasonable accommodation for the petitioner was necessary as a person with a disability under the Rights of Persons with Disabilities Act, 2016. (Paras 1, 2)
(B) Disability Rights - Violation of rights - The denial of reasonable accommodation based on the petitioner's disability was a violation of statutory rights compelling the need for compliance with regulations concerning individuals with disabilities. (Paras 1, 3)
Facts of the case:
The petitioner filed a writ petition under Article 226 claiming entitlement to a course completion certificate based on completed training criteria, challenging the outdated policies of the university and seeking compliance with new regulations introduced for medical education.
Findings of Court:
The court highlighted the importance of complying with the Postgraduate Medical Education Regulations and ensuring accommodations for individuals with disabilities.
Issues: The main issues included the validity of the reliance on outdated university regulations and the necessity for reasonable accommodation for the disabled.
Ratio Decidendi: The court affirmed that continued reliance on obsolete policies infringes on the petitioner's legal rights under current regulations, mandating adherence to newly established guidelines for medical education concerning people with disabilities.
Result: Writ petition allowed.
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| 1. recognition of rights related to disabilities requires ongoing adherence to legal standards. (Para 1) |
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI gr<&ly#asalfagi*
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE NINTEENTH DAY OF JUNE, *so TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12871 OF 2025 Betwee n :
Dr. Lay Kanjibhai Paghdar, S/o Kanjibhai Paghdar, Aged 29 years R/o 506, SL Towers, Nowroji Road, Opp SBI Bank, Novotel Up Road, Maharanipeta,Visakhapatnann-530002 Visakhapatnam District
1j ¢-( ...Petitioner I_-,:-.I-gl,i i AND
1. Dr. NTR University of Health Sciences, Having office at Dr.N.T.R University of Health Sciences, Padavalarevu, Gunadala, Vijayawada, Andhra ,Pradesh 520004 Rep by its Registrar
2. Andhra Medical College, Visakhapatnam, Having Office at P843 +
HWX, Medical College Road King George Hospital, Opp. Collector, office, Maharani Peta, Visakhapatnam, Andhra Pradesh - 530002. Rep by its Principal
3. The State Commissioner for Persons with Disabilities, Andhra Pradesh, Having Office at 74-14-2, Rajanarendra Building, 1st Floor, yanamalakuduru Road] Krishna Nagar, Vijayawada - 520007, Andhra Pradesh
4. National Medical Commission, Having Office at Pocket -14, Sector -8, New Delhi - 110077 Rep by its Chairman
5. The State of Andhra Pradesh, Rep.by its Principal Secretary, Health, Medical and Family Welfare Department, Having office at 5th Block, Ground Floor, Room No157,A.P Secretariat,Velagapudi, Guntur Dt., Andhra Pradesh - 522503 ...Respondents I PetI'tiOn under Article 226''-of.the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, orde[lor direction more particularly one the nature of a writ of Mandamus a) directing Respondent No. 1 - Dr. NTR University of Health Sciences -
and Respondent No. 2 - Principal, Andhra Medical College, Visakhapatnam -
to issue the Course Completion C'ertificate and relieve the Petitioner from the course, on the completion of 939 working days on 22nd May, 2025,, in line with the Postgraduate Medical Education Regulations, 2023 and declare that the continued reliance on outdated `and superseded university regulations by Respondent No.1, in derogati6h-€cJ¥ the binding PGMER 2023 framed under the National Medical Commission'Act, 2019, is arbitrary, illegal, ultra vires, .
and void, and consequently dire'C-`t-all Respondents to adhere strictly to the PGMER 2023 for determining course completion criteria;
b) Declare that the Petitioner is entitled to all academic and pr6fessiona[
rights flowing from successful completion of the M.S. General Surgery course, including eligibility to apply for senior Residency, Fellowships, Super-
Specialty Courses (DM/MCh), and registration with NMC/State Medical f council on successful compleiI'ch Of 939 working days on 22nd May, 2025.Declare that the denial --o'f F'easonable accommodation and failure to- protect the petitioner from di-scrimination, despite being a person with disability, amounts to a violation of Sections 3 and 18 of the Rights of Persons with Disabilities Act, 2016 , and -is;-ue consequential directions to Respondent No, 3 - State Commissioner for Persons with Disabilities - to take appropriate action under the Act;
c) Issue appropriate directions to Respondent No. 4 - National Medical commission - to ensure compliance by all universities and colleges with the PGMER 2023, particularly in cases involving persons with disability, and to take necessary steps to preve:`h{`'f.urther violation of such statutory rights in future;
I I lANO: 1 OF2025:
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to-direct the Respondents Nos.1 and 2 to immediately issue. a provisional course completion certI'fiCate and release all original academic documents of the Pet
