A significant ruling by the Supreme Court of India has been made on the eligibility criteria for MBBS admission under the PwD quota, particularly for the academic year 2019-20. This case involved a dispute regarding the application of Regulations 2017 versus Regulations 2019, impacting the admission criteria for aspiring medical students. The Court examined the expert opinions, regulations, and the specific criteria outlined in the Appendix ‘H’ for determining eligibility. Stay informed about this crucial legal judgement.
Facts
- The petitioners did not meet the criteria as per Appendix ‘H’ to the notification dated 04.02.2019
- NEET (UG) 2019 results were published in June 2019
- All petitioners appeared before the Medical Board and were declared non-eligible for the medical course
- The petitioners then appealed before the Medical Appellate Board, which also declared them not eligible for the medical course
- The petitioners filed writ petitions seeking eligibility under the Persons with Disability (PwD) category for admission in the MBBS Course for the academic year 2019-20
- The petitioners claimed eligibility under the PwD category due to ‘locomotor disability’
- Admit cards were released on 15.04.2019, NEET (UG) 2019 took place on 5.5.2019, and results were declared on 5.6.2019
- The Regulations of Graduate Medical Education, 1997 were amended on 4.2.2019, requiring a minimum degree of disability of 40% to avail reservation for persons with specified disability
- Appendix ‘H’ specified criteria for ‘physical disability or locomotor disability’ to be eligible for a medical course
Also Read: Address Update Requirement: Legal Implications for Corporate Entities
Arguments
- The petitioners are seeking admission to MBBS course under the reserved PwD quota for the academic year 2019-20.
- They argue that the eligibility for the medical course should be determined based on the MCI Regulations 2017 which were applicable on the date the selection process commenced on 01.11.2018, and that the notification dated 04.02.2019 should not govern their eligibility.
- The petitioners contend they fulfill the required percentage disability between 40-80% and are eligible under the Regulations 2019.
- They stress that the State Government did not consider their individual circumstances and abilities when determining their eligibility based on the Appendix ‘H’ criteria.
- The petitioners maintain that the rules of admission cannot be changed midway as per established legal principles.
- They argue that their eligibility should follow the regulations in place as of 01.11.2018, rather than the amended Regulations of 2019 introduced on 04.02.2019.
- They emphasize that the expert committee’s guidelines for admission of persons with specified disabilities should be considered in their case.
- The petitioners state that despite expert examinations, they were deemed ineligible for admission under the PwD quota, which they dispute.
- The Medical Council of India and the State of Gujarat oppose the petitions, highlighting the necessary skill and expertise required for medical students and the eligibility criteria specified in the Regulations of 2019.
- Date of application for admission and appearance before Medical Board is the relevant date for eligibility criteria.
- Notification dated 04.02.2019 is applicable for admission criteria.
- Petitioners do not fulfill admission criteria as per Appendix ‘H’ of the notification.
- Expert bodies have opined that petitioners are not eligible for admission in MBBS course under PwD quota.
Also Read: Supreme Court Judgement on Maharashtra Prevention of Dangerous Activities Act, 1981
Analysis
- The essential eligibility criteria as per Appendix ‘H’ is crucial for admission under PwD category in the MBBS course.
- Candidates must have both hands intact, with intact sensation, sufficient strength, and range of motion to be eligible.
- Candidates seeking admission under PwD quota must appear before the Medical Board after NEET results are declared.
- The petitioners did not meet the essential criteria as per Appendix ‘H’ based on opinions of the Medical Board, Medical Appellate Board, and AIIMS.
- The Graduate Medical Education Regulations were amended in 2019, impacting the eligibility criteria for admission.
- Relevant date for considering eligibility is when the candidates sought admission under PwD quota.
- Candidates with locomotor disability of less than 40% were not eligible for admission under the 2016 Act.
- Expert bodies unanimously opined against the petitioners’ eligibility based on the specified criteria.
- Court cannot overturn expert opinions when no malafide intentions are alleged.
- Petitioners are not entitled to the reliefs sought and the writ petitions are dismissed.
Also Read: Tea Act vs. Insolvency and Bankruptcy Code: A Legal Showdown
Decision
- In a previous notification dated 4.2.2019, the petitioners were informed that they would be governed by the terms of the notification.
- Considering the circumstances of the case, no costs are awarded.
Case Title: VIDHI HIMMAT KATARIYA Vs. THE STATE OF GUJARAT
Case Number: W.P.(C) No.-000885 / 2019
