The petitioner, Mr. Shahid Akeel Shaikh, a 20-year-old student with a 40% locomotor disability, sought admission to the MBBS course under the PwD-OBC (PH) quota. Despite a provisional selection, his admission was denied due to an inadvertent error in his NEET application form, where he mistakenly indicated "No" for the PwD category. The court ruled in favor of the petitioner, holding that the error was unintentional and caused no prejudice. The court directed the respondents to confirm his provisional admission to the Government Medical College, Kudal, Sindhudurg.

1. Petitioner’s Details and Background (Paras 1-4):

• Petitioner: Shahid Akeel Shaikh, 20 years old, from Nashik, suffering from a 40% locomotor disability.
• Relief Sought: Admission to MBBS under the PwD-OBC (PH) quota.
• Issue: Inadvertent error in NEET application form marked him as non-PwD.

2. Supreme Court Involvement (Paras 5-6):

• Action Taken: Petitioner first approached the Supreme Court under Article 32, but the matter was relegated to the Bombay High Court for early disposal.

3. Interim Orders and Actions (Paras 7-13):

• Interim Relief: Bombay High Court ordered the AIIPMR to verify the petitioner’s disability status. Provisional admission to Government Medical College, Kudal, Sindhudurg, was granted pending verification.

4. Disability Verification and Error Clarification (Paras 14-22):

• Petitioner's Efforts: Despite an error in the application form, the petitioner qualified under the PwD-OBC (PH) quota. AIIPMR confirmed his disability status at 40%.
• Error Explanation: The petitioner, from a rural background, mistakenly marked "No" for PwD in the application but later sought correction.

5. Final Verification and Admission (Paras 23-25):

• Certification Received: Disability Certification Board confirmed eligibility for medical courses as per NMC guidelines.
• Court Ruling: The court ruled the error did not justify denying admission, given that it was a bona fide mistake.

6. Legal Precedents and Reasoning (Paras 26-45):

• Relevant Case Law: The court cited several judgments, including Charles K. Skaria and Vashist Narayan Kumar, emphasizing that genuine errors in application forms should not result in undue punishment if no prejudice is caused.

7. Rights of Persons with Disabilities (Paras 46-48):

• Key Provisions: The court highlighted the Rights of Persons with Disabilities Act, 2016, particularly emphasizing the need for reasonable accommodation and inclusive education under Sections 2(y) and relevant Supreme Court decisions (e.g., Jeeja Ghosh v Union of India).

8. Final Decision (Paras 49-52):

• Outcome: The court directed the State of Maharashtra and CET Cell to finalize the petitioner's admission in the PwD-OBC (PH) category at the Government Medical College, Kudal, Sindhudurg. It commended the prompt action by AIIPMR and criticized the insensitive approach of the Grant Government Medical College, J.J. Hospital Compound, for refusing to verify the petitioner’s disability status.

Acts and Sections Discussed:

• Rights of Persons with Disabilities Act, 2016: Section 2(y) (Reasonable Accommodation), concepts of inclusive education.
• Article 21 of the Constitution of India: Human dignity and non-discrimination.
• Article 226 of the Constitution: Jurisdiction of High Courts for writ petitions.
• NEET Regulations (NMC Guidelines): Eligibility criteria for PwD candidates.

Ratio Decidendi:

The court held that the petitioner’s inadvertent error in the NEET application form did not affect his rightful claim to admission under the PwD-OBC (PH) quota. The principle of de minimis non curat lex was applied, ensuring that technicalities should not override justice, especially when the petitioner had already been provisionally selected. The court emphasized that the Rights of Persons with Disabilities Act, 2016 demands sensitive handling and reasonable accommodation for such errors, ensuring equal access to education for persons with disabilities.

Subjects:

Medical Admission, Rights of Persons with Disabilities, NEET ExaminationPwD Quota, OBC, NEET Error Correction, Medical College Admission