Case Note & Summary
The petitioners, students with locomotor disability, sought admission to MBBS course under the Persons with Disability (PwD) quota for the academic year 2019-2020. They had appeared in NEET (UG) 2019 and were declared successful. However, the Medical Council of India amended the Graduate Medical Education Regulations, 1997 on 4 February 2019, introducing Appendix 'H' which required candidates to have 'Both hands intact, with intact sensation, sufficient strength and range of motion' to be eligible for medical course. The petitioners were examined by the Medical Board and Medical Appellate Board, which found them not eligible. They then approached the Supreme Court under Article 32. The Court considered whether the amended regulations applied to them, given that the selection process began in November 2018. The Court held that the relevant date for eligibility is the date of admission, not the date of application. The amendment was made before the admission process concluded, and thus applied. The Court also noted that expert medical boards had consistently found the petitioners ineligible. The petitions were dismissed.
Headnote
A) Constitutional Law - Reservation - Persons with Disability - Eligibility for MBBS Admission - The petitioners sought admission under PwD quota, but were denied as they did not meet the criteria under Appendix 'H' of the amended MCI Regulations, 2019. The Court held that the relevant date for determining eligibility is the date of admission, not the date of commencement of the selection process. The amended regulations were validly applied. (Paras 1-10)
B) Medical Education - Eligibility Criteria - Amendment Mid-Process - The Court distinguished the case from Janhit Abhiyan v. Union of India, holding that the principle that 'rules of the game cannot be changed midway' applies only after the process of selection is complete. Here, the amendment was made before the admission process concluded. (Paras 3-10)
C) Medical Education - Persons with Disability - Expert Opinion - The Medical Board, Medical Appellate Board, and AIIMS Medical Board all opined that the petitioners were not eligible. The Court deferred to the expert opinion and held that the petitioners were rightly denied admission. (Paras 4-10)
Issue of Consideration
Whether the eligibility of the petitioners for admission to MBBS course under the Persons with Disability (PwD) quota is to be determined as per the MCI Regulations, 2017 (in force when the selection process commenced) or as per the amended Regulations, 2019 (in force when admissions were to be made); and whether the petitioners fulfill the criteria under the amended Regulations.
Final Decision
The Supreme Court dismissed all the writ petitions, holding that the petitioners are not entitled to the relief sought. The Court held that the eligibility criteria as per the amended MCI Regulations, 2019 (notification dated 04.02.2019) apply to the petitioners, and they do not fulfill the criteria as opined by the expert medical boards.
Law Points
- Eligibility criteria for admission determined as on date of admission
- not date of application
- Rules of game can be changed before admission process concludes
- Medical Council regulations validly amended mid-process
- Expert medical opinion binding on eligibility for medical course
Case Details
2019 LawText (SC) (10) 67
Writ Petition (C) No. 885/2019 with 900/2019, 1026/2019
Vidhi Himmat Katariya and others
The State of Gujarat and others
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Nature of Litigation
Writ petitions under Article 32 seeking direction to treat petitioners eligible for PwD reservation and grant admission in MBBS course.
Remedy Sought
Petitioners sought a writ directing the State Government to treat them eligible for reservation under PwD category and grant admission in MBBS course for academic year 2019-2020.
Filing Reason
Petitioners were declared not eligible for medical course under PwD quota by the Medical Board and Medical Appellate Board based on amended MCI Regulations, 2019.
Previous Decisions
Medical Board and Medical Appellate Board declared petitioners not eligible for medical course; AIIMS Medical Board also opined against them.
Issues
Whether the eligibility of the petitioners for MBBS admission under PwD quota is governed by MCI Regulations, 2017 or the amended Regulations, 2019?
Whether the principle that 'rules of the game cannot be changed midway' applies to the present case?
Whether the petitioners fulfill the eligibility criteria under Appendix 'H' of the amended Regulations, 2019?
Submissions/Arguments
Petitioners argued that the relevant date for eligibility is the date of commencement of selection process (01.11.2018), and the amended regulations (04.02.2019) should not apply; they relied on Janhit Abhiyan v. Union of India.
Petitioners also argued that they fulfill the criteria under the amended regulations as they have disability between 40-80% and the requirement of 'both hands intact' was applied arbitrarily.
State of Gujarat and MCI argued that the relevant date is the date of admission, and the amended regulations validly apply; expert medical boards found petitioners ineligible.
Ratio Decidendi
The relevant date for determining eligibility for admission is the date of admission, not the date of commencement of the selection process. The principle that 'rules of the game cannot be changed midway' applies only after the process of selection is complete. Here, the amendment was made before the admission process concluded, and thus validly applied. Expert medical opinion on eligibility is binding.
Judgment Excerpts
the relevant date to ascertain eligibility of the petitioners for medical course is to be determined on the date when the process of selection commenced, i.e., on 01.11.2018.
rules of game cannot be changed midway, as per the settled proposition of law.
the respective petitioners are not fulfilling the criteria as per notification dated 04.02.2019.
the amendments made in the Graduate Medical Regulations, 1997 vide MCI notification dated 04.02.2019 are in accordance with the report/recommendations furnished by an independent Expert Committee headed by the Director, AIIMS, New Delhi.
the relevant date for eligibility criteria would be the date on which the petitioners were to get admission.
Procedural History
The petitioners applied for MBBS admission under PwD quota for academic year 2019-2020. They appeared in NEET (UG) 2019 and were declared successful. However, the MCI amended regulations on 04.02.2019, introducing new eligibility criteria. The petitioners were examined by the Medical Board and Medical Appellate Board, which found them not eligible. They then filed writ petitions under Article 32 before the Supreme Court.
Acts & Sections
- Right of Persons with Disabilities Act, 2016: Section 32
- Constitution of India: Article 32
