Roshan Lal Dhanka v. Union of India & Ors.

1. Present petition has been filed challenging Appendix “H–1” titled as ‘Guidelines regarding admission of students with “Specified Disabilities” under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course’ contained in Regulations on Graduate Medical Education, 1997 (“Impugned Regulation”) which provide that persons with amputation are not eligible for admission in medical course.

2. Learned counsel for the petitioner states that pursuant to the declaration of the result of NEET-UG 2024, the Petitioner went to the designated disability center i.e. Dr. Ram Manohar Lohia Hospital. On assessing the Petitioner, the Hospital certified that the Petitioner is suffering from 70% Locomotor Disability. However, it further certified that the Petitioner was ineligible to pursue further medical education which has rendered the Petitioner wholly ineligible to participate in the NEET-UG 2024 counseling and has jeopardized the Petitioner’s future.

3. Issue notice.

4. Mr. Kavindra Gill, CGSC accepts notice on behalf of Union of India (UOI) and Mr.T.Singhdev, Advocate accepts notice on behalf of National Medical Commission (NMC). They draw the attention of this Court to the interim order dated 01st August, 2023 passed in LPA No.571/2023 and interim order dated 11th July, 2024 passed in W.P. (C) No. 9363/2024. The order dated 01st August, 2023 passed in LPA No.571/2023 is reproduced herein below:-

No. 2 – Dr. Ram Manohar Lohia Hospital, as an ad-hoc doctor. Appellant asserts that he has performed all medical duties diligently, and without any complaints from supervisors or patients.

4. Desirous to pursue a postgraduate medical course, Appellant appeared for the National Eligibility Entrance Test (Postgraduate), 2023 [“NEETPG”] under the General-PwD category and secured 260 marks in the said examination. Thereafter, Appellant appeared before a medical board of Respondent No. 2 for his medical assessment. The medical board issued a Certificate of Disability dated 13th July, 2023, assessing Appellant’s disability at 72% locomotor disability. On the basis of this evaluation, Appellant has been declared to be ineligible to pursue medical courses and avail 05% PwD reservation, under the applicable norms. Aggrieved thereby, he filed W.P.(C) 9618/2023 before this Court inter alia seeking quashing of the aforesaid Certificate of Disability and a direction to Respondents to allow him to participate in the counselling process for NEET-PG as a qualified General-PwD candidate. The counselling process is stated to commence from 25th July, 2023.

5. In the aforesaid writ petition, when the matter was taken up for hearing on 24th July, 2023, learned Senior Counsel appearing for the Appellant requested that notwithstanding the merit position in the General-PwD category, Appellant should be considered for allocation of seats under the State quota. This request was however declined by the learned Single Judge, observing that as the Appellant had not been allotted a seat and had not secured the cut-off marks, no interim direction was necessary. Relevant portion of the impugned order reads as under:

6. Mr. Colin Gonsalves, learned Senior Counsel for Appellant, submits that the Appellant is eligible for admission under the OBC-PwD category for the State of Rajasthan. The registration process for state-level admissions in Rajasthan is set to commence soon, and in absence of any relief, Appellant would be gravely prejudiced as he would not be able to apply for seats in OBC-PwD State quota in Rajasthan. He argues that due to the impugned assessment, Appellant has been unfairly disallowed from seeking admission in postgraduate medical courses, despite his disability falling within the permissible range of 40% to 80% for enrolment to medical courses under PwD quota. Respondents have overlooked Appendix H to the Regulations on Graduate Medical Education (Amendment), 2019 which provides that candidates whose “both hands are intact, with intact sensations, sufficient strength and range of motion” are to be considered eligible for medical courses. Mr. Gonsalves further contends that Appellant’s prior work experience in the field since 2018 indicates that he possesses the desired strength and range of motion to sufficiently carry out medical procedures. Certificate of Disability issued on 13th July, 2023 therefore, deserves to be set aside. He submits that Appellant is interested to pursue postgraduate course in non-surgical stream of medicine, for which the disability of Appellant would not be an impediment.

7. Mr. T. Singhdev, counsel for Respondent No. 1, submits that Appellant has not qualified NEET-PG as his score (260 marks) is below the qualifying criteria (i.e., 274 marks) for admission under the General-PwD category. Further, he submits that he cannot comment on the implications of Appellant’s disability and his eligibility for admission under OBC-PwD category in the States.

8. We have considered the aforenoted contentions. The extent of a candidate’s disability must be assessed bearing in mind the prescribed guidelines regarding admission of students with specified disabilities for matters relating to admission in postgraduate courses in modern medicine. Adherence to the schedule for enrolment in medical courses is crucial and there is minimal scope of extending the timelines. Therefore, in our opinion, as an interim measure, it appropriate to have the Appellant’s disability re-evaluated by experts in order to ascertain whether his disability would impede him from pursuing a postgraduate/ MD course. Accordingly, following directions are issued: 8.[1] Director of AIIMS, Delhi is directed to constitute a board of three experts in the relevant field to assess Appellant’s disability and specifically discern as to whether he would be able to perform the functions expected from a postgraduate specialist doctor in non-surgical fields and submit a detailed report to the Court in a sealed cover, within a period of three days from today, i.e., 04th August,

2023. The report shall be placed in W.P.(C) 9618/2023. 8.[2] For the above purpose, Appellant shall present himself for medical examination before the board of doctors at AIIMS, Delhi on 02nd August, 2023 at 10:00 AM. 8.[3] While assessing Appellant’s disability, the board shall take into consideration the aforenoted contentions raised by Mr. Gonsalves as well as the Appendix H to the Regulations on Graduate Medical Education (Amendment),

2019. 8.[4] Director of AIIMS shall also provide their opinion on whether Appellant would be able to perform functions expected from a postgraduate specialist doctor in a non-surgical stream. \ 8.[5] This order be communicated to Director of AIIMS, Delhi forthwith. 8.[6] We make it clear that that for further directions pertaining to participation in the State counselling for OBC-PwD quota, the Appellant shall be free to approach the learned Single Judge for appropriate orders, depending on the report submitted by AIIMS, Delhi.

8.7. For this purpose, we direct that W.P.(C) 9618/2023 be listed before the learned Single Judge on 07th August, 2023.