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2024 Supreme(Online)(Bom) 7873
2024:BHC-AS:37250-DB Pradnya IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11807 OF 2024
1. MR. SHAHID AKEEL SHAIKH, Age : 20 Years, Occu : Student, R/at : B-122, DGP Nagar 1, Nashik – Pune Road, Nashik - 422006 …PETITIONER ~ versus ~
1. UNION OF INDIA, Through its Ministry of Health & Family Welfare, Off : Room No.201-D, Nirman Bhawan, New Delhi - 110011
2. NATIONAL TESTING AGENCY, Off : 1 st Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi, Delhi - 110020
3. GRANT GOVT. MEDICAL COLLEGE & SIR J. J. GROUP OF HOSPITALS, J. J. Marg, Nagpada-Mumbai Central, Off Jejeebhoy Road, Mumbai – 400008.
4. THE STATE OF MAHARASHTRA, Through its Principal Secretary, Mantralaya Main Building, Madam Cama Road, Mumbai – 400032.
5. STATE COMMON ENTRANCE TEST CELL, MAHARASHTRA, 8 th Floor, New Excelsior Building, A. K. Nayak Marg, Fort, Mumbai – 400 001.
E-mail id : Cetcell@mahacet.org
6. ALL INDIA INSTITUTE OF PHYSICAL MEDICINE & REHABILITATION, Haji Ali Dargah, Keshavrao Khadye Marg, Haji Ali, Government Colony, Mahalakshmi, Mumbai - 400034 …RESPONDENTS APPEARANCES FOR THE PETITIONER Mr Pralhad Paranjape, a/w Mr Priyansh Jain, Mr Yash Tembe, i/b. Mr Vivek Punjabi.
FOR RESPONDENT NO.1- Mr Rui A. Rodrigues, a/w Mr Vinit UOI Jain.
FOR RESPONDENT NO.2- Mr Rui A. Rodrigues, a/w Mr NTA Jainendra Sheth.
FOR RESPONDENT NOS.3 MS M. P. THAKUR, AGP.
AND 4-STATE FOR RESPONDENT NO.5- Mr Rui A. Rodrigues.
CET CORAM : M. S. Sonak &
Kamal Khata, JJ.
DATED : 20th September 2024
2024:BHC-AS:37250-DB Pradnya IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11807 OF 2024
1. MR. SHAHID AKEEL SHAIKH, Age : 20 Years, Occu : Student, R/at : B-122, DGP Nagar 1, Nashik – Pune Road, Nashik - 422006 …PETITIONER ~ versus ~
1. UNION OF INDIA, Through its Ministry of Health & Family Welfare, Off : Room No.201-D, Nirman Bhawan, New Delhi - 110011
2. NATIONAL TESTING AGENCY, Off : 1 st Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi, Delhi - 110020
3. GRANT GOVT. MEDICAL COLLEGE & SIR J. J. GROUP OF HOSPITALS, J. J. Marg, Nagpada-Mumbai Central, Off Jejeebhoy Road, Mumbai – 400008.
4. THE STATE OF MAHARASHTRA, Through its Principal Secretary, Mantralaya Main Building, Madam Cama Road, Mumbai – 400032.
5. STATE COMMON ENTRANCE TEST CELL, MAHARASHTRA, 8 th Floor, New Excelsior Building, A. K. Nayak Marg, Fort, Mumbai – 400 001.
E-mail id : Cetcell@mahacet.org
6. ALL INDIA INSTITUTE OF PHYSICAL MEDICINE & REHABILITATION, Haji Ali Dargah, Keshavrao Khadye Marg, Haji Ali, Government Colony, Mahalakshmi, Mumbai - 400034 …RESPONDENTS APPEARANCES FOR THE PETITIONER Mr Pralhad Paranjape, a/w Mr Priyansh Jain, Mr Yash Tembe, i/b. Mr Vivek Punjabi.
FOR RESPONDENT NO.1- Mr Rui A. Rodrigues, a/w Mr Vinit UOI Jain.
FOR RESPONDENT NO.2- Mr Rui A. Rodrigues, a/w Mr NTA Jainendra Sheth.
FOR RESPONDENT NOS.3 MS M. P. THAKUR, AGP.
AND 4-STATE FOR RESPONDENT NO.5- Mr Rui A. Rodrigues.
CET CORAM : M. S. Sonak &
Kamal Khata, JJ.
DATED : 20th September 2024
Trivial clerical errors in applications should not invalidate eligibility for admission, particularly for persons with disabilities seeking equal treatment under the law.
Headnote:(A) Rights of Persons with Disabilities Act, 2016; National Medical Commission Regulations - Petitioner's admission to MBBS sought under PwD-OBC (PH) quota; inadvertent error in application form’s PwD status reported. The court directed that an applicant's qualification be considered based on established facts rather than clerical errors impacting admissions. (Para 49)
(B) Legal Precedents: The court noted previous judgments interpreting the principles of inclusive education and reasonable accommodation in handling admissions for individuals with disabilities. The court emphasized that trivial errors should not negate genuine qualifications. (Paras 45-48)
Facts of the case:
The petitioner, with a 40% locomotor disability, sought admission to MBBS but erroneously indicated non-PwD status once and appealed for rectification. (Para 4-15)
Findings of Court:
The court confirmed the eligibility for admission based on actual disability certification and ordered to finalize the provisional admission. (Paras 49, 50)
Issues: The primary question involved upholding the petitioner’s admission despite clerical errors in the NEET application process and confirming his rights under the RPwD Act, 2016. (Paras 30-33)
Ratio Decidendi: The court highlighted that errors in official forms do not disqualify candidates from educational opportunities if eligibility is otherwise established. Admissions processes must accommodate inadvertent errors and protect student rights. (Paras 33-42)
Result: Writ Petition allowed. The petitioner is to be finally admitted to the MBBS program.
ORAL JUDGMENT ( Per M S Sonak J) :-
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties.
3. Even otherwise, by our orders dated 11 September 2024 and 19 September 2024, we had clarified that this matter would be disposed of finally at the admission stage, given the urgency involved.
4. The Petitioner, who suffers from a locomotor disability to the extent of 40%, seeks an appropriate writ from this Court to direct the Respondents to admit him to the MBBS course against the PwD-OBC (PH) quota.
5. After the institution of this Petition, the Petitioner, through legal aid, instituted Writ Petition (Civil) No.552 of 2024 before the Hon’ble Supreme Court seeking similar relief. By order dated 6 September 2024, the Hon’ble Supreme Court relegated the Petitioner to this Court.
6. The order dated 6 September 2024 reads as follows:-
“1. The Petitioner has already instituted a petition under Article 226 of the Constitution through legal aid counsel of the Bombay High Court Legal Services Committee. In that view of the matter, it would not be appropriate to entertain a petition under Article 32 of the Constitution, particularly since it deals with an individualized grievance pertaining to admission to the under-graduate medical course.
2. Since the petition is pending before the High Court, we permit the Advocate for the petitioner to move the Registrar (Judicial) of the High Court, who may seek administrative directions from the learned Chief Justice for listing it before an appropriate Bench so that it can be taken up at an early date.
3. The Petition is accordingly disposed of.
4. Pending applications, if any, stand disposed of.”
7. This Petition was assigned by the Hon’ble Chief Justice to this Bench on 10 September 2024. Accordingly, we posted it on 11 September 2024 at 10:30 a.m. after duly notifying the same on the cause list.
8. On 11 September 2024, we granted the Petitioner leave to implead the State of Maharashtra, State Common Entrance Test Cell and All India Institute of Physical Medicine and Rehabilitation (“AIIPMR”) as Respondents and directed the Petitioner to take immediate steps to serve these newly impleaded Respondents.
9. On 11 September 2024, we also made an interim order directing AIIPMR, one of the authorised and prescribed institutions for verifying disability status, especially of candidates afflicted with locomotor disabilities, to examine the Petitioner and verify the Petitioner’s disability status. The matter was posted on 19 September 2024, high on board, for final disposal.
10. The above interim relief was granted because the learned counsel for the Petitioner produced on record the ‘Provisional Selection Letter (CAP 1)’ issued by the State Common Entrance Test Cell, Maharashtra, printed on 1 September 2024 at 10:50 a.m. This Provisional Selection Letter states that the Petitioner was provisionally admitted to the MBBS course at Government Medical College, Kudal, Sindhudurg, against the PwD-OBC (PH) quota.
11. By notice dated 30 July 2024 (Exhibit ‘F’ on pages 21 to 23 of the paper book), all the children/widows of Armed Forces and Persons with Disabilities (CW & PwD) were advised to have ready their relevant documents to ensure their eligibility in the respective categories. The PwD candidates were directed to make appointments with any of the nearest/feasible centres out of the 16 notified centres listed in Annexure 1. For the Petitioner, who hails from Nashik, the two nearest/feasible disability certification centres were the AIIPMR, Mumbai, for locomotor disability only and Grant Government Medical College, J.J. Hospital Compound, for all disabilities as mentioned in disability certificate.
12. The Petitioner has pleaded that on 6 August 2024, the Petitioner personally visited the Grant Government Medical College, J.J. Hospital Compound, requesting that his disability position be certified. The Petitioner ha
