HC Relief to PwD MBBS Aspirant- GMC Jalna told to restore admission

Mumbai: Coming to the rescue of a medical aspirant suffering from multiple disabilities, who was declared ineligible for MBBS admission, the Bombay High Court has ordered the Government Medical College, Jalna to create a supernumerary seat for the candidate to ensure his admission to the MBBS course.

The HC bench comprising Justices AS Chandurkar and MM Sathaye held that based on the quantification of the petitioner's disability vide the Certificate dated 6th August 2024, coupled with the assessment of his functional competency to pursue the medical course as opined by the Disability Board on 23rd October 2024, the petitioner was entitled to pursue medical education by seeking the benefit of PwD reservation.

In the order dated 21.02.2025, the HC bench observed, "The action on the part of Government Medical College, Jalna of cancelling the petitioner’s admission to the first MBBS course, 2024 for failure to produce a requisite disability certificate is set aside. It is directed that the petitioner shall be restored his admission to the first MBBS course, 2024 in the PwD category. Same be done by creating a supernumerary post."

The plea before the HC bench was filed by an MBBS candidate who was suffering from multiple disabilities to the extent of 58% and a speech disability of 40% as per the Certificate of Disability dated 6th August 2024. He urged the Court to seek a declaration as regards his eligibility to pursue the MBBS course.

A candidate suffering from a speech and hearing disability exceeding 40% is not considered eligible to pursue the MBBS course as per the Gazette Notification dated 5th February 2019 published by the Medical Council of India as amended on 13th May 2019.

After clearing the National Eligibility cum Entrance Test, Under Graduate-NEET UG, 2024, the petitioner on 15th August 2024 made a representation to the National Medical Commission (NMC) stating therein that the benchmark disability of 40% and below for pursuing medicine was arbitrary and without any scientific basis. The petitioner requested to re-consider his disqualification to enable him to pursue the MBBS course.

On 18th September 2024, after hearing the petitioner's counsel, a direction was issued to the NMC as well as the fourth respondent- the Ministry of Health and Family Welfare through its Secretary to consider in the petitioner’s representation dated 15th August 2024 and file an affidavit in that regard.

Thereafter, on 9th October 2024, the petitioner was examined by a three Member Committee constituted at the Grant Medical College and Sir J. J. Group of Hospitals, Mumbai being an authorized centre for evaluation and issuance of disability certificates. It was stated that the petitioner was examined on 5th August 2024 and as per the Notification dated 5th February 2019 as well as the NEET UG-2024 Information Bulletin dated 15th February 2019 as the speech and language disability of the petitioner was more than 40%, the Committee opined that the petitioner was not eligible to pursue the medical course.

Meanwhile, considering the Supreme Court's order in the case of Omkar Ramchandra Gond Vs. the Union of India and others, in 2024, a direction was issued for examining the petitioner's functional ability by having the petitioner examined at the All India Institute of Medical Sciences, Nagpur.

An interim direction was also issued by which the petitioner was permitted to be admitted to the first year MBBS course, 2024-25 in the PwD quota on a provisional basis. His admission was made dependent upon the determination of his functional ability as well as the outcome of the writ petition.

Accordingly, the petitioner was examined at AIIMS, Nagpur by the NEET Disability Certificate Medical Board. On 23rd October 2024, the DCMB issued a certificate opining that the petitioner was eligible to pursue the medical education, but was not eligible for PwD reservation.

Based on the interim order, the petitioner sought to be admitted to the GMC Jalna on 30th October 2024. However, as per the certificate dated 23.10.2024, the petitioner was held ineligible for PwD reservation. Due to this, his admission to GMC Jalna was cancelled. Consequently, by amending the plea, the petitioner sought restoration with a declaration that the petitioner was also eligible to claim PwD reservation.

While considering the matter, the Court considered the arguments by both tarties and noted that the petitioner was issued a Certificate of Disability by the Sir J.J. Group of Hospitals which is the Designated Disability Certification Centre. As per this certificate dated 6th August 2024, the petitioner suffers from multiple disabilities to the extent of 58% and speech disability exceeding 40%. Relying upon the decision of the Supreme Court in Omkar Ramchandra Gond (supra), a direction was issued on 17th October 2024 by which the Disability Board was requested to examine the petitioner’s functional ability and opine as to whether the petitioner would be in a position to pursue the medical course.

In accordance with it, the petitioner was examined by the NEET DCMB at AIIMS, Nagpur. It recorded a finding that after assessing the petitioner's functional ability, he was found eligible to pursue medical education. However, it opined that the petitioner was not eligible for PwD reservation. Therefore, the Court noted that the only issue that required adjudication was that the entitlement of the petitioner to admission at the MBBS course by seeking benefit of PwD reservation.

The Court noted that as per the Information Brochure governing admissions to NEET-UG 2024, a candidate having less than 40% hearing impairment or speech and language disability is eligible for being admitted to the medical course but is not eligible to seek the benefit of PwD reservation. In the case, such disability is equal to or exceeds 40%, then such candidate is not eligible to pursue the medical course.

At this outset, the bench referred to the Supreme Court order in the case of Omkar Ramchandra Gond (Supra), where the Supreme Court had held that merely because the quantification of disability of speech and language was 40% or above, a candidate would not forfeit his right to stake a claim for admission to the course of his choice. It was thus held that quantification of disability per se would not disentitle a candidate with benchmark disability from being considered for admission to an education institution. The candidate would be eligible if the DCMB opines that notwithstanding the quantified disability, the candidate can pursue the course in question.

The top court bench had ordered that the DCMB that assesses the candidate should positively record whether the disability of the candidate would or would not come in the way of the candidate pursuing the course in question.

"In the light of the law laid down in Omkar Ramchandra Gond (supra), the petitioner’s functional competency was directed to be examined by the expert body, namely the NEET DCMB. It having opined that the petitioner was eligible to pursue the medical education course, as a corollary, the petitioner is entitled to seek benefit of PwD reservation in the light of the disability certificate dated 6th August 2024," noted the High Court.

"Once the DCMB found the petitioner eligible to pursue the medical course notwithstanding his aforesaid disability as quantified, its assessment of his functional competency ought to govern the matter. In other words, on the basis of quantification of the petitioner’s disability vide Certificate dated 6th August 2024 coupled with the assessment of the petitioner’s functional competency to pursue the medical course as opined by the DCMB on 23rd October 2024, the petitioner would be entitled to pursue medical education by seeking benefit of PwD reservation," the bench observed.

"Accepting the quantification of the petitioner’s disability as undertaken by the DCMB on 23rd October 2024 would place the petitioner in a worse position than he was prior to approaching the Court. His disability was already quantified on 6th August 2024 by the Disability Board as per the Information Brochure. The matter was referred to the DCMB by the order dated 17th October 2024 only to assess the petitioner’s functional competency. It is well settled that a person cannot be placed in a worse position by coming to Court as held in Pradeep Kumar Vs. Union of India and others, (2005) 12 SCC 219," the bench further noted.

The petitioner was directed to be admitted to the first-year MBBS course at the Government Medical College, Jalna after the interim order dated 17th October 2024, for failure on his part to submit the requisite certificate indicating his physical disability so as to seek benefit of PwD reservation, his admission was cancelled on 31st October 2024.

"Since it is found that the petitioner is entitled to pursue the medical course with the aid of PwD reservation, the petitioner’s admission is liable to be restored. It is informed that presently there is no vacant seat available in the PwD category at the Government Medical College, Jalna. However considering the facts aforestated, a case has been made out to grant restitutive relief as held in Manoj Kumar Vs. Union of India 2024 INSC 126 and restore the petitioner to the position in which he was prior to denying him admission. Following the principle of law laid down in S. Krishna Sradha Vs. State of Andhra Pradesh and others 2017 INSC 1301, a direction is issued to the Government Medical College, Jalna as well as the NMC to admit the petitioner at the first year MBBS course in the PwD category by creating a supernumerary seat," ordered the Court.

Accordingly, the bench ordered the following:

(i) considering the quantification of the petitioner's multiple disability at 58% and speech disability exceeding 40% as per Certificate dated 6th August 2024 coupled with the disability assessment of the petitioner by the NEET Disability Certification Medical Board on 23rd October 2024 holding the petitioner eligible to pursue medical education, it is held that the petitioner is entitled to pursue medical education and also seek benefit of PwD reservation.

(ii) The bench further set aside the action of GMC Jalna to cancel the petitioner's MBBS admission and held that the petitioner's admission should be restored in the PwD category by creating a supernumerary post.

(iii) GMC Jalna should take necessary steps to enable creation of this supernumerary seat with the approval of the National Medical Commission.

To view the Court order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-disability-276126.pdf

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