Case Note & Summary
The petitioner, Pragati Motghare, a student who lost her lower limb due to electrocution in 2011, applied for admission to the MBBS course under the Persons with Disabilities (PWD) quota. She was diagnosed with 60% disability on 21.9.2011 and later with 70% disability on 14.3.2012. The respondents denied her admission on the ground that her disability certificate was issued after the cut-off date of 31.12.2011. The petitioner filed a writ petition seeking direction to consider her candidature under the PWD quota. The court observed that the disability existed prior to the cut-off date and the certificate only recorded a pre-existing condition. The court held that the certificate cannot be given prospective effect to deny the benefit. The court directed the respondents to consider the petitioner's claim and if found eligible, to admit her provisionally. If no PWD seat is available, the respondents may create a supernumerary seat. The court also noted that out of 75 PWD seats, only 12 were filled and 61 were surrendered to general quota.
Headnote
A) Disability Law - PWD Quota Admission - Cut-off Date for Disability Certificate - The petitioner, who lost her lower limb in 2011 and was diagnosed with 60% disability on 21.9.2011, applied for MBBS admission under PWD quota. Her disability certificate was issued on 14.3.2012, after the cut-off date of 31.12.2011. The court held that the disability existed prior to the cut-off date and the certificate only recorded a pre-existing condition. The court directed the respondents to consider the petitioner's claim for admission under PWD quota and if found eligible, to admit her provisionally. (Paras 1-10) B) Administrative Law - Prospective Effect of Certificate - The court held that a certificate issued after the cut-off date cannot be given retrospective effect to deny a benefit that the candidate would have been entitled to if the certificate had been issued earlier. The certificate is merely a recognition of a pre-existing condition. (Paras 6-10) C) Medical Education - MBBS Admission - PWD Quota - The court noted that out of 75 PWD seats, only 12 were filled and 61 were surrendered to general quota. The court directed that if the petitioner is found eligible, she be admitted against a PWD seat, and if no seat is available, the respondents may create a supernumerary seat. (Paras 3-10)
Issue of Consideration
Whether a candidate who acquired disability before the cut-off date but obtained a disability certificate after the cut-off date is entitled to admission under the PWD quota in MBBS course.
Final Decision
The court directed the respondents to consider the petitioner's claim for admission under the PWD quota. If the petitioner is found eligible, she shall be admitted provisionally. If no PWD seat is available, the respondents may create a supernumerary seat. The petition is disposed of accordingly.
Law Points
- Disability certificate
- cut-off date
- PWD quota
- MBBS admission
- prospective effect of certificate
- medical board determination
