New Delhi: The physically-handicapped medical candidates, who were denied MBBS admission in spite of qualifying NEET, have gotten the Supreme Court’s support after the apex regulator directed for their well-earned MBBS admission in a Government Medical College in the academic session of next year.
This directive came in view of the appeals filed by the physically disabled MBBS applicants, who, the court noted, were to be admitted to the MBBS course in the physically handicapped category in medical colleges, but were denied admissions considering the recommendations made by the Medical Council of India (MCI).
During the hearing, the bench comprising honourable Justice Arun Mishra and Justice Vineet Saran observed that before this case too, several MBBS candidates with disabilities were denied admissions this year, due to ‘Guidelines for Persons With Specified Disabilities’ which were framed in June by the committee on disability constituted by the apex medical education regulator. Consequently, it noted,
“It is not disputed that as per merit, the appellants were required to be given admission in the physically handicapped category. They were not given the admission in view of the recommendations given by the Medical Council of India (MCI). However, the regulations framed by the MCI adopts the provisions of the Rights of Persons with Disability Act, 2016(RPWD).”
While reaching the decision, the apex court relied upon its earlier judgment, in which it has stated, “Statutory provisions have to prevail over the recommendations made by the Committee as the recommendations made have not taken statutory shape so far.”
In its conclusion, the court directed that as the seats for physically handicapped students were handed over to the general category students this year, the seats of that category shall accordingly be reduced for the next academic session 2019-2020, and stated,
“Though appellants were entitled for admission in the MBBS course, but now as all the seats have been filled, the appellants have been illegally deprived of the admission. As such, we direct that the appellants be admitted in the next year, in MBBS course and in a government medical college as the seats of handicapped have been handed over to the general category, the seats of that category shall be reduced for the next academic session 2019-2020.”
Thus, the court allowed the appeals and rejected a contention raised during the hearing that the eligibility criteria may be changed. Calling the apprehension “baseless” the court said,
“The apprehension is baseless as any change subsequently made is not going to affect the right of the appellants to obtain admission. The order is final, conclusive and binding.”
Attached is the order: