Case: VIDHI HIMMAT KATARIYA Vs. THE STATE OF GUJARAT

Medical Appellate Board and even the Medical Board of AIIMS, New Delhi have opined that the respective petitioners are not eligible for admission in MBBS course, the respective petitioners are rightly denied admission in the MBBS course under PwD quota.5.3 Now so far as the submission on behalf of the petitioners that notification dated 04.02.2019 shall not be applicable and the erstwhile Regulations shall be applicable and the relevant date should be the date on which the process for admission has started, i.e., in the month of November, 2018, it is vehemently submitted that the relevant date for eligibility criteria would be the date on which the petitioners were to get admission. It is submitted therefore that the date on which the petitioners applied for admission in medical course under PwD quota and appeared before the Medical Board, that should be the relevant date and the notification came into force on 04.02.2019, the same shall be applicable.5.4 Making the above submissions, it is prayed to dismiss the present writ petitions.6. We have heard the learned counsel for the respective parties at length.6.1 The respective petitioners are suffering from locomotor disability and they are seeking admission in the MBBS course under PwD category. As per notification dated 04.02.2019 and Appendix ‘H? – Guidelines regarding admission of students with ‘Specified Disabilities? under the 2016 Act with respect to admission in MBBS course, a candidate suffering from locomotor disability of less than 40% shall be eligible to pursue MBBS course but not eligible to be granted the benefit of reservation under PwD quota. It further provides that ‘both hands intact, with intact sensation, sufficient strength and range of motion? are essential to be considered eligible for medical course. As per the opinion of the Medical Board, Medical Appellate Board and even the Medical Board of AIIMS, New Delhi, the respective petitioners are not eligible for admission in MBBS course under PwD quota as they do not fulfil the essential criteria to be fulfilled as per Appendix ‘H?. Therefore, as such, the respective petitioners are not fulfilling the essential eligibility criteria provided as per Appendix ‘H? and therefore they are not eligible for admission in the medical course under PwD quota.7. It is mainly contended on behalf of the petitioners and it is submitted by the learned counsel appearing on behalf of the petitioners that the NEET UG 2019 brochure was released on 01.11.2018 and the notification amending Regulations, 1997 whereby Appendix ‘H? is added to the erstwhile Regulations, 2017 has been issued on 04.02.2019, the case of the petitioners are required to be considered as per the provisions prior to 04.02.2019 and more particularly prevailing as on 01.11.2018. The aforesaid has no substance. The relevant essential eligibility criteria is required to be considered when the petitioners were to get admission in the MBBS course under PwD quota. It is required to be noted and so stated in the reply affidavit filed on behalf of the MCI that the Expert Committee submitted the report –?Guidelines for admission of persons with Specified Disabilities?, which was placed before the Executive Committee of the Council in its meeting held on 5.6.2018 wherein after due discussion and deliberations it was decided to approve the same. It was also decided that the said Expert Committee Report should be communicated to the Ministry of Health & Family Welfare in view of the schedule for counselling for admission to MBBS course for the academic year 2018-19. However, for admission for the academic year 2018-19, it was at the stage of a draft notification and the Graduate Medical Education Regulations, 1997 were not amended in light of the recommendations of the Expert Committee constituted by the MCI which has issued the Disability Guidelines, this Court directed to give admission as per the unamended Graduate Medical Education Regulations, 1997. However subsequently and before the admission for the academic year 2019-20 are given, notification dated 04.02.2019 has been published and the Graduate Medical Education Regulations, 1997 have been amended, as above. Therefore, in the facts and circumstances of the case, it cannot be said that ‘Rules of the game are changed midway?, as sought to be contended on behalf of the petitioners. As observed hereinabove, the essential eligibility criteria as per Appendix ‘H? is required to be considered at the time when the candidates were seeking admission in the medical course under PwD category. It is also required to be noted that even the candidates seeking admission in PwD quota are required to appear before the concerned Medical Board at the time of actually seeking admission and after NEET result is declared. Therefore, the relevant date for considering the essential eligibility criteria as per Appendix ‘H? shall be the date on which the candidates – petitioners sought admission in the MBBs course under PwD quota. Much prior thereto, notification dated 4.2.2019 has been issued and published and therefore the respective petitioners shall be governed by notification dated 04.02.2019.8. Now so far as the submission on behalf of the petitioners that while denying admission to the petitioners the State Government and/or authorities have not considered the relevant parameters and have not considered that the respective petitioners are able to perform well is concerned, it is required to be noted that in the present case all the expert bodies including the Medical Board, Medical Appellate Board and even the Medical Board of AIIMS, New Delhi consisting of the experts have opined against the petitioners and their cases are considered in light of the relevant essential eligibility criteria as mentioned in Appendix ‘H? – ‘Both hands intact, with intact sensation, sufficient strength and range of motion?. Therefore, when the experts in the field have opined against the petitioners, the Court would not be justified in sitting over as an appellate authority against the opinion formed by the experts – in the present case, the Medical Board, Medical Appellate Board and the Medical Board of AIIMS, New Delhi, more particularly when there are no allegations of mala fides.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]7. It is mainly contended on behalf of the petitioners and it is submitted by the learned counsel appearing on behalf of the petitioners that the NEET UG 2019 brochure was released on 01.11.2018 and the notification amending Regulations, 1997 whereby Appendix ‘H? is added to the erstwhile Regulations, 2017 has been issued on 04.02.2019, the case of the petitioners are required to be considered as per the provisions prior to 04.02.2019 and more particularly prevailing as on 01.11.2018. The aforesaid has no substance. The relevant essential eligibility criteria is required to be considered when the petitioners were to get admission in the MBBS course under PwD quota. It is required to be noted and so stated in the reply affidavit filed on behalf of the MCI that the Expert Committee submitted the report –?Guidelines for admission of persons with Specified Disabilities?, which was placed before the Executive Committee of the Council in its meeting held on 5.6.2018 wherein after due discussion and deliberations it was decided to approve the same. It was also decided that the said Expert Committee Report should be communicated to the Ministry of Health & Family Welfare in view of the schedule for counselling for admission to MBBS course for the academic year 2018-19. However, for admission for the academic year 2018-19, it was at the stage of a draft notification and the Graduate Medical Education Regulations, 1997 were not amended in light of the recommendations of the Expert Committee constituted by the MCI which has issued the Disability Guidelines, this Court directed to give admission as per the unamended Graduate Medical Education Regulations, 1997. However subsequently and before the admission for the academic year 2019-20 are given, notification dated 04.02.2019 has been published and the Graduate Medical Education Regulations, 1997 have been amended, as above. Therefore, in the facts and circumstances of the case, it cannot be said that ‘Rules of the game are changed midway?, as sought to be contended on behalf of the petitioners. As observed hereinabove, the essential eligibility criteria as per Appendix ‘H? is required to be considered at the time when the candidates were seeking admission in the medical course under PwD category. It is also required to be noted that even the candidates seeking admission in PwD quota are required to appear before the concerned Medical Board at the time of actually seeking admission and after NEET result is declared. Therefore, the relevant date for considering the essential eligibility criteria as per Appendix ‘H? shall be the date on which the candidates – petitioners sought admission in the MBBs course under PwD quota. Much prior thereto, notification dated 4.2.2019 has been issued and published and therefore the respective petitioners shall be governed by notification dated 04.02.2019.8. Now so far as the submission on behalf of the petitioners that while denying admission to the petitioners the State Government and/or authorities have not considered the relevant parameters and have not considered that the respective petitioners are able to perform well is concerned, it is required to be noted that in the present case all the expert bodies including the Medical Board, Medical Appellate Board and even the Medical Board of AIIMS, New Delhi consisting of the experts have opined against the petitioners and their cases are considered in light of the relevant essential eligibility criteria as mentioned in Appendix ‘H? – ‘Both hands intact, with intact sensation, sufficient strength and range of motion?. Therefore, when the experts in the field have opined against the petitioners, the Court would not be justified in sitting over as an appellate authority against the opinion formed by the experts – in the present case, the Medical Board, Medical Appellate Board and the Medical Board of AIIMS, New Delhi, more particularly when there are no allegations of malaper the opinion of the Medical Board, Medical Appellate Board and even the Medical Board of AIIMS, New Delhi, the respective petitioners are not eligible for admission in MBBS course under PwD quota as they do not fulfil the essential criteria to be fulfilled as per Appendix ‘H?. Therefore, as such, the respective petitioners are not fulfilling the essential eligibility criteria provided as per Appendix ‘H? and therefore they are not eligible for admission in the medical course under PwD quota.