Decided on December 04,2020

UNION OF INDIA Respondents


- (1.) The petitioner seeks admission to the MBBS course from persons with disability quota. The petitioner has cleared NEET examination. He was referred to the Medical Board. The Medical Board certified that the petitioner suffers from obsessive compulsive disorder in remission and his disability is less than 40%. It is further opined that the petitioner is not eligible for benefit of PWD quota, but
(2.) eligible for medical / dental course. The petitioner is also assailing the regulation viz. "Graduate Medical Education Regulations (Amendment) 2019", more particularly column 'C' of Appendix H-1, which reads thus: 3 Mental Mental Absence or Currently not Equal to or behaviour illness mild recommende more than Disability d due to lack 40% less than of objective disability or 40% under method to if the IDEAS establish person is presence and unfit to extent of perform mental his/her illness. duties However, the standards benefit of may be reservation drafter for quota may be the considered in definition future after of "fitness developing to practice better medicine", methods of as are used disability by several assessment. institutions of countries other than India. 2. We have heard the matter for interim relief as claimed by the petitioner.
(3.) Mr. Kotkar, the learned counsel for the petitioner submits that the petitioner possesses disability certificate issued by the Medical Authority, Ahmednagar certifying that the disability of the petitioner is 50% (mental illness). As the disability of the petitioner is 50%, the petitioner confirms to the definition of "benchmark disability" as provided under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 (hereafter referred as to the "Act, 2016"). The learned Advocate further submits that the Medical Board issued a certificate assessing the mental disability of the petitioner as less than 40%. The learned Advocate for the petitioner submits if the petitioner satisfies the benchmark disability, then he is entitled for the benefit of PWD quota. The Rule that if the mental illness is more than 40%, then the person is unfit to perform his duties is against the provisions of Act, 2016. The learned Advocate submits that if there is a mild disability less than 40% (mental illness), then also the candidate is not permitted benefit of PWD quota. The person with mental illness is not given benefit of PWD quota. The learned counsel relies on the interim order passed by this Court at the Principal Seat in Writ Petition No.3851/2019 dated 03.04.2019. He submits that the Court has passed the interim order directing the person with permanent mental illness with disability of 30% to be admitted from the PWD quota. The writ petition is still pending. The learned counsel also relies upon the judgment of the Calcutta High Court in case of Anaya Maity Vs. The Union of India and others dated 14.08.2019. The learned counsel submits that pursuant to the interim order passed by this Court, the petitioner had attended the counseling and he also allotted the college.;

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