1. Denial of reservation for admission to MBBS course for a person with benchmark disability of low vision under the Rights of Persons with Disabilities Act, 2016. (Para 1 , 4 , 5 , 6 , 17 , 18 )
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2018 Supreme(SC) 1446
SUPREME COURT OF INDIA
Arun Mishra, Indira Banerjee, JJ.
Purswani Ashutosh (minor) Through Dr. Kamlesh Virumal Purswani - Appellant
Versus
Union Of India - Respondent
Writ Petition (C) No. 669 of 2018
Decided On : 24-08-2018
Advocates Appeared:
Prashant Bhushan, Govind Jee, Krishna Kumar Singh, Advocates, For the Petitioners; Tara Chandra Sharma, Ms. Neelam Sharma, Ms. Pankhuri Shrivastava, Rupesh Kumar, Vikramjit Banerjee, ASG, D.N. Goburdhun, Nishish Sharma, Shubhendu Anand, Sarthak Raizada, Gurmeet Singh Makker, Raj Bahadur Yadav, Vikas Singh, Sr. Adv., Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Kapish Seth, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Vishakha, Ms. Mamta Singh, Advocates, For the Respondents
Prashant Bhushan, Govind Jee, Krishna Kumar Singh, Advocates, For the Petitioners; Tara Chandra Sharma, Ms. Neelam Sharma, Ms. Pankhuri Shrivastava, Rupesh Kumar, Vikramjit Banerjee, ASG, D.N. Goburdhun, Nishish Sharma, Shubhendu Anand, Sarthak Raizada, Gurmeet Singh Makker, Raj Bahadur Yadav, Vikas Singh, Sr. Adv., Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Kapish Seth, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Vishakha, Ms. Mamta Singh, Advocates, For the Respondents
Important Points
The main legal point established in the judgment is that the Medical Education Regulations, incorporating the provisions of the Rights of Persons with Disabilities Act, 2016, have statutory force and are binding on the Medical Council of India, and a person with low vision cannot be denied admission to the MBBS course if found entitled as per merit in the category of Persons with Disability.
Subject
Civil Law - Disability Rights
Act Referred
CONSTITUTION OF INDIA: Art.32, Art.14, Art.15
MEDICAL COUNCIL ACT: S.33, S.32
MEDICAL EDUCATION REGULATIONS: Reg.4(3), Reg.4, Reg.5
RIGHTS OF PERSONS WITH DISABILITIES ACT: S.2(r), Cl.1(b)
MEDICAL COUNCIL ACT: S.33, S.32
MEDICAL EDUCATION REGULATIONS: Reg.4(3), Reg.4, Reg.5
RIGHTS OF PERSONS WITH DISABILITIES ACT: S.2(r), Cl.1(b)
Headnote
Reservation - Low Vision - Rights of Persons with Disabilities Act, 2016 - Section 2(r), Schedule - Section 32 - Medical Education Regulations - Summary of Acts and Sections: The court discussed the definition of 'person with benchmark disability' under Section 2(r) of the 2016 Act, the specified disability of low vision as per the Schedule, and the reservation of seats for persons with benchmark disabilities under Section 32. The court also emphasized the statutory force of the Medical Education Regulations incorporating the provisions of the 2016 Act.
Fact of the Case:
The petitioner, a person with low vision, sought reservation for admission to the MBBS Medical Course under the Rights of Persons with Disabilities Act, 2016. The court was approached under Article 32 of the Constitution of India, alleging discrimination and arbitrariness by the respondents in denying the benefit of reservation.
Finding of the Court:
The court found that the petitioner cannot be denied admission to the MBBS course if he qualifies as per his merit in the category of Persons with Disability. It held that the Medical Education Regulations, which incorporate the provisions of the 2016 Act, have statutory force and are binding on the Medical Council of India (MCI).
Issues: The issues involved the denial of reservation for admission to the MBBS course to a person with low vision, the statutory force of the Medical Education Regulations, and the applicability of Section 32 of the 2016 Act to technical institutions imparting technical education.
Ratio Decidendi: The court's decision was influenced by the statutory force of the Medical Education Regulations, the definition of 'person with benchmark disability' under Section 2(r) of the 2016 Act, and the reservation of seats for persons with benchmark disabilities under Section 32. It emphasized that the MCI cannot override the Medical Education Regulations, and the petitioner should be given admission if found entitled as per his merit in the category of Persons with Disability.
Final Decision: The Writ Petition was disposed of, and the court held that the petitioner cannot be denied admission to the MBBS course if he qualifies as per his merit in the category of Persons with Disability. It directed that the petitioner should be given admission in the current academic year 2018-19.
Legal Category Hierarchy
Table of Contents
2. Whether reservation under the Rights of Persons with Disabilities Act, 2016 applies to technical institutions imparting medical education or only to general higher education institutions. (Para 25 , 26 )
3. Statutory regulations incorporating the Rights of Persons with Disabilities Act, 2016 are binding and cannot be overridden by expert committee opinions regarding a candidate's suitability. (Para 20 , 21 , 23 , 27 )
4. Persons with specified benchmark disabilities are entitled to statutory reservation in higher education, including technical medical courses, as mandated by law and binding regulations. (Para 23 , 24 , 26 , 27 )
5. Petitioner cannot be denied admission to the MBBS course if he qualifies on merit within the category of persons with disability. (Para 28 , 29 )
6. Does the term higher education institution under the Rights of Persons with Disabilities Act, 2016 include technical institutions like medical colleges?
Yes. Higher education institution is a generic term that includes institutions imparting all kinds of higher education, including technical education. (Para 26 )
7. Can an expert committee's opinion on a candidate's fitness for a course override statutory regulations providing for disability reservation?
No. When statutory regulations provide for reservation for a specified benchmark disability, an expert committee's view regarding the suitability of the candidate cannot override those binding regulations. (Para 23 )
8. What is the mandatory reservation for persons with benchmark disabilities in government higher education institutions under the 2016 Act?
All government institutions of higher education and other higher education institutions receiving aid from the government shall reserve not less than five per cent of seats for persons with benchmark disabilities. (Para 7 )
JUDGMENT
1. The question which arises in this writ petition under Article 32 of the Constitution of India is, whether a person with benchmark disability of low vision, within the meaning of Section 2(r), read with Clause 1B of the Schedule, of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the 2016 Act') can be denied the benefit of reservation for admission to the MBBS Medical Course.
2. On 13th December, 2006, the United Nations General Assembly adopted the United Nations' Convention on the Rights of Persons with Disabilities, which inter alia lays down the following principles for empowerment of persons with disabilities:
(a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
3. India ratified the United Nations' Convention on the Rights of Persons with Disabilities on 1st October, 2007. The 2016 Act has been enacted to give effect to the United Nations' Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. The Right to Equality envisaged under Articles 14 and 15 of the Constitution of India contemplates equal rights in every respect including equal right to be considered for admission to educational institutions and related benefits.
4. Section 2(r) of the 2016 Act defines "person with benchmark disability" to mean "a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority".
5. Specified disability has been defined in Section 2(zc) of the 2016 Act to mean the disabilities as specified in the schedule.
6. Visual impairment which includes low vision is a specified disability as set forth in Clause 1B of the Schedule to the 2016 Act, set out hereinunder:
"B. Visual Impairment-
(a) 'blindness' means a condition where a person has any of the following conditions, after best correction-
(i) total absence of sight; or
(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or
(iii) limitation of the field of vision subtending an angle of less than 10 degree
(b) "low-vision" means a condition where a person has any of the following conditions, namely:-
(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or
(ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree."
7. Section 32 of the 2016 Act provides as follows:
"32. (1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent seats for persons with benchmark disabilities.
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education".
8. In Exercise of powers conferred by section 33 of the Indian Medical Council Act, 1956, the Medical Council of India (hereinafter referred to as 'the MCI') has framed the "Regulations on Graduate Medical Education, 1997 (hereinafter referred to as the Medical Education Regulations.
9. By an amendment notification No. MCI 34(41)/2017-Med/169873 dated 22nd January, 2018, the MCI amended the Medical Education Regulations by the Regulations on Graduate Medical Ed
