Ensure Provisions Of RPwD Act Are Followed In Future Admissions: Delhi High Court To Union Govt’s Medical Counselling Committee 

The Delhi High Court has directed the Medical Counselling Committee to ensure that the provisions of the Right of Persons with Disabilities Act, 2016 are followed in admissions to medical courses in future.

The Medical Counselling Committee, an organisation affiliated to Union Ministry of Health and Family Welfare, is responsible for allotting seats for undergraduate, postgraduate and super-specialty medical and dental courses in government colleges on the basis of a candidate's score in NEET examination.

“It has been brought to notice of this Court, at this juncture, that at present the Medical Counselling Committee (MCC) is the authority in the matter of reservation, and consequential grant of admission by conducting the counselling. Therefore, it shall be the duty of the MCC to ensure that the provisions of the Act of 2016 are followed for admissions in future also,” a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said in the order passed on May 11.

The bench disposed of a public interest litigation moved by a candidate Ritvik Singh in 2021 aggrieved by non-grant of admission in AIIMS even though he belonged to Scheduled Caste-Persons with Disability (SC-PwD) category.

It was his case that he appeared in the NEET (UG)– 2020 Examination and obtained 631 marks out of total 720 marks.

The court took note of the stand of the Union Government that 5% horizontal PwD reservation is being provided in NEET-UG and PG counselling since 2016 keeping in view section 32 of the RPwD Act in All India quota counselling.

The counsel appearing for AIIMS submitted that the statutory provisions contained under the enactment in question, especially in the matter of reservation, are being followed and shall be followed in future as well.

Disposing of the plea, the court said: “In light of the categoric undertaking given by the Learned Counsel for the Union of India as well as Learned Counsel for Respondent No.5 AIIMS, that the statutory provision as contained under the Act of 2016 shall be followed, no further orders are required to be passed in the present Writ Petition.”

Title: RITVIK SINGH v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 429

Click Here To Read Order