Case Note & Summary
The petitioner, Dr. Syed Abdul Wahab Abdul Aziz, a visually impaired medical officer employed by the State of Maharashtra, challenged the norms restricting the 3% reservation for physically handicapped persons in post-graduate medical admissions to only candidates with locomotory disability of lower limbs. He had passed MBBS as a physically handicapped person and later cleared the PGM SET Entrance Test in 2011, but was informed that only candidates with locomotory disability were eligible for reservation. He filled the form under the open category under duress and secured 138 marks, ranking 197th. The session for which he sought admission was already over, and he pursued the petition only to secure future benefits. The court, comprising Justices B.P. Dharmadhikari and Ravindra V. Ghuge, heard arguments from advocates for both sides. The petitioner argued that the bar violated the Persons with Disabilities Act, 1995 and Article 14. The respondents contended that the restriction was based on the functional requirements of medical education. The court held that the Act does not mandate reservation for all disabilities in every course, and the classification based on locomotory disability was reasonable and not discriminatory. The petition was dismissed, upholding the existing norms.
Headnote
A) Constitutional Law - Reservation for Disabled - Reasonable Classification - Article 14 of the Constitution of India - The court held that the restriction of reservation to candidates with locomotory disability of lower limbs for PG medical admissions is a reasonable classification based on the functional requirements of the medical profession, and does not violate Article 14. (Paras 1-4) B) Disability Law - Scope of Reservation - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - The Act does not mandate that every educational institution must provide reservation for all categories of disabilities in every course; the nature of the course and the ability to perform are relevant considerations. (Paras 1-4) C) Medical Education - Admission Criteria - Functional Requirement - The court noted that the petitioner, a visually impaired candidate, could not claim reservation for PG medical course as the nature of the course requires certain physical abilities, and the restriction was based on expert opinion. (Paras 1-4)
Issue of Consideration
Whether the restriction of 3% reservation for physically handicapped persons in PG medical admissions to only candidates with locomotory disability of lower limbs is violative of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Article 14 of the Constitution of India.
Final Decision
The petition is dismissed. The restriction of 3% reservation to candidates with locomotory disability of lower limbs for PG medical admissions is upheld as reasonable and not violative of the 1995 Act or Article 14.
Law Points
- Reservation for physically handicapped persons in PG medical admissions can be restricted to specific disabilities based on functional requirements
- Persons with Disabilities Act 1995 does not mandate reservation in every course
- Article 14 permits reasonable classification
