Case Note & Summary
The petitioner, Ku. Darshana Laxmikant Hatwar, a student who passed her XIIth Standard examination and sought to appear for the NEET examination for medical courses, approached the Bombay High Court seeking directions for proper evaluation of her medical condition by a Special Medical Board. She suffers from Hemophilia, a bleeding disorder, and her disability was assessed at 20%. However, the Medical Board initially held her ineligible for admission to medical courses under the disability quota. The petitioner contended that the assessment was not conducted properly and that she should be considered eligible under the Rights of Persons with Disabilities Act, 2016. The respondents, including the State of Maharashtra and the Directorate of Medical Education, opposed the petition. The High Court, after hearing the parties, allowed the petition and directed the respondents to constitute a Special Medical Board to assess the petitioner's disability in accordance with the relevant guidelines. The Court held that the initial assessment was not in compliance with the statutory framework and that the petitioner's eligibility should be determined by a proper evaluation. The decision ensures that the petitioner's disability is assessed fairly, and she may be considered for admission to medical courses if found eligible.
Headnote
A) Disability Law - Medical Admission - Hemophilia - Eligibility - The petitioner, a student with 20% disability due to Hemophilia, was initially held ineligible for medical admission by the Medical Board. The High Court directed the constitution of a Special Medical Board for proper evaluation, holding that the assessment must be in accordance with the guidelines under the Rights of Persons with Disabilities Act, 2016. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Direction for Medical Board - The Court exercised its writ jurisdiction to ensure that the petitioner's disability is assessed by a Special Medical Board, as the initial assessment was not in compliance with the statutory framework. (Paras 2-5)
Issue of Consideration
Whether a candidate with 20% disability due to Hemophilia is eligible for admission to medical courses under the disability quota, and whether the assessment by the Medical Board was proper.
Final Decision
The petition is allowed. The respondents are directed to constitute a Special Medical Board to assess the petitioner's disability in accordance with the guidelines under the Rights of Persons with Disabilities Act, 2016. The petitioner's eligibility for admission to medical courses will be determined based on the report of the Special Medical Board.
Law Points
- Disability assessment
- Hemophilia
- Medical admission
- NEET
- Persons with Disabilities Act
- 1995
- Rights of Persons with Disabilities Act
- 2016
- Special Medical Board
- Writ jurisdiction
