Case Note & Summary
The petitioner, Shahid Akeel Shaikh, a 20-year-old student with a 40% locomotor disability, filed a writ petition seeking admission to the MBBS course under the PwD-OBC (PH) quota. He had inadvertently selected 'No' in the PwD column of his NEET online application form. Despite being otherwise eligible (46.87 percentile, OBC category), the Grant Government Medical College refused to examine him for disability certification based on this error. The petitioner initially approached the Supreme Court, which relegated him to the Bombay High Court. The High Court, noting the provisional selection letter issued by the State Common Entrance Test Cell, directed AIIPMR to examine the petitioner. AIIPMR certified his 40% locomotor disability. The court held that the inadvertent error should not defeat his substantive rights, criticized the insensitive treatment by the hospital, and directed the respondents to admit him to the MBBS course at Government Medical College, Kudal, against the PwD-OBC (PH) quota, subject to fulfilling other formalities.
Headnote
A) Constitutional Law - Right to Education - Persons with Disabilities - Inadvertent Error - The court considered whether a candidate who inadvertently indicated 'No' in the PwD column of the NEET application form could still be considered for admission under the PwD-OBC quota. The court held that the substantive right of a person with disability cannot be defeated by a technical or inadvertent error, especially when the candidate is otherwise eligible and has produced sufficient documentation. (Paras 14, 19, 23) B) Rights of Persons with Disabilities Act, 2016 - Duty of State Agencies - Sensitive Treatment - The court held that the Head Clerk of Grant Government Medical College was insensitive in refusing to examine the petitioner without written communication. The court emphasized that under the RPwD Act, 2016, no government hospital or state agency should treat a person with disability in such a manner. (Para 19) C) Medical Education - Admission - Disability Verification - The court directed that the disability certificate issued by AIIPMR be accepted, and the respondents admit the petitioner to the MBBS course at Government Medical College, Kudal, against the PwD-OBC (PH) quota, subject to the petitioner fulfilling other formalities. (Paras 23-24)
Issue of Consideration
Whether a candidate who inadvertently indicated 'No' in the PwD column of the NEET application form can still be considered for admission under the PwD-OBC quota, and whether the refusal of a designated disability certification centre to examine the candidate was justified.
Final Decision
The court allowed the petition, directing the respondents to admit the petitioner to the MBBS course at Government Medical College, Kudal, Sindhudurg, against the PwD-OBC (PH) quota, subject to the petitioner fulfilling other formalities. The disability certificate issued by AIIPMR was to be accepted. The rule was made absolute.
Law Points
- Substantive rights of persons with disabilities should not be defeated by technical or inadvertent errors in application forms
- Rights of Persons with Disabilities Act
- 2016 mandates sensitive treatment of PwD candidates by State agencies
- Courts can direct disability verification even after application deadline if candidate is otherwise eligible
