Case Note & Summary
The Supreme Court addressed the petitions filed by students seeking admission to the MBBS course under the Persons with Disabilities (PwD) category for the academic year 2019-2020. The petitioners claimed eligibility based on their locomotor disabilities and sought to be considered for the reserved category. The Right of Persons with Disabilities Act, 2016 mandates a minimum of 5% reservation in government educational institutions, which was reflected in the Medical Council of India's regulations. However, an amendment on February 4, 2019, introduced stricter eligibility criteria, requiring a minimum degree of disability of 40% for reservation under the PwD category. The petitioners, having been assessed by various medical boards, were found not to meet these criteria and were declared ineligible for admission. The petitioners contended that the eligibility should be determined based on the regulations in effect at the time of their application, arguing that the amendment should not apply retroactively. The State of Gujarat and the Medical Council of India opposed the petitions, asserting that the petitioners did not fulfill the necessary criteria as per the amended regulations. The court emphasized the importance of expert opinions in determining eligibility and concluded that the petitioners were not entitled to relief as they did not meet the essential criteria for admission under the PwD quota. Consequently, the court dismissed all petitions without costs.
Headnote
A) Disability Law - Reservation Eligibility - Criteria for PwD Admission - Right of Persons with Disabilities Act, 2016, Section 32 - Petitioners sought admission under PwD quota but did not meet the amended eligibility criteria as per Appendix 'H' of the Graduate Medical Education Regulations, 1997. The court held that the petitioners were rightly denied admission as they did not fulfill the essential criteria set forth by the expert bodies. (Paras 6-9)
Issue of Consideration
Whether the petitioners are eligible for admission in MBBS course under the PwD category as per the applicable regulations.
Final Decision
The Supreme Court dismissed all writ petitions filed under Article 32 of the Constitution of India, stating that the petitioners did not meet the eligibility criteria as per the amended regulations. The court held that the relevant date for eligibility was when the petitioners sought admission, and the amended criteria applied. No order as to costs was made.
Law Points
- Reservation under PwD category
- eligibility criteria
- medical education regulations
- expert opinion
- amendment of regulations
