Court Cannot Quash Disability Certificate Issued by a Medical Authority: Delhi HC [Read Judgment]

Delhi High Court has held that when a disability certificate is issued by a competent medical authority, the plea demanding the quashing of such certificate cannot be granted by the court of law. While denying relief to a candidate who sought admission in a medical college under Persons with Disability (PwD) category, the Division Bench of Chief Justice DN Patel and Justice Hari Shankar held that the court cannot profess greater wisdom than the framers of the MCI regulations, as the same are framed by the experts. The petitioner had challenged the validity of the 2019 Amendment to Appendix H of the RPWD Regulations 1999. As per the amended Appendix, persons suffering from locomotor disability, of less than 40%, were not eligible for admission against the PWD category, persons with disability between 40% and 80% were eligible for the benefit of PWD category and persons suffering from locomotor disability in excess of 80% were not eligible for admission in medicine course at all. By citing the said amendment as arbitrary, the petitioner contended that the RPWD Act does not provide for sub-classification amongst persons suffering from benchmark disabilities and that, in view of Section 2(r) read with Section 32 of the RPWD Act, persons suffering from benchmark disabilities of more than 40% were, ipso facto, eligible for admission to institutions of higher education, which would include institutions awarding the MBBS qualification. There was a subsequent amendment to Appendix H (now Appendix H-1) which stipulated the assessment of whether the candidate suffered from disability in the range of 40% to 80%, so as to assess his eligibility for admission under the PWD quota, was required to be made by determining the functional competency of the candidate "with the aid of assistive devices, if it is being used", to see whether, by using such assistive devices, the percentage of disability, from which the candidate suffered, could be brought below 80% The bulletin released by UGC for NEET examination required the persons claiming PWD quota in Delhi to get disability certificate from Vardhman Mahavir Medical College. In the present case, the petitioner had successfully cleared the NEET exam and was also provided a seat in UCMS College under the medical quota. However, when he went to get himself examined for his disability certificate, the said certificate stated that the petitioner was not eligible for admission to the medical college as per the MCI guidelines, because the extent of his disability is 85%. In a previous order, the court had directed for the petitioner to be examined by a medical board in AIIMS, along with assistive devices, in compliance with Appendix H-1 of the 1997 Regulations. Consequently, AIIMS filed an affidavit, stating that no assistive devices, whereby the degree of disability suffered by the petitioner could be mitigated, existed. Appearing for the Respondent, Mr T Singhdev submitted that, the Disability Certificate of the VMMC Hospital having certified the petitioner was suffering from disability in excess of 80%, it was not possible to allow the petitioner to join the MBBS course. He also argued that the Regulations which would apply would be those which were in force on the date of admission of the student, and not on the date of submission of application. While declining any relief to the petitioner, the court relied upon the following rules laid down by the Supreme Court in Vidhi Himmat Katariya, which as per the court, had the similar facts to the present case: The relevant essential eligibility criteria is required to be considered when the petitioners were to get admission in the MBBS course under PwD quotaThe 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.the relevant date for considering the essential eligibility criteria as per Appendix 'H' shall be the date on which the candidates sought admission in the MBBs course under PwD quota. While rejecting the petitioner's plea to quash the disability certificate issued by VMMC, the court opined that no court of law can quash a Disability Certificate issued by a competent medical authority. The court addressed the facts of the issue in hand by saying the following words: 'In matters involving medical education, courts are required to exercise a considerably greater degree of circumspection. The element of public interest, which is pre-eminent in such cases, can never be ignored. While we do not intend, in any manner, to doubt the capability of the petitioner, and appreciate his achievements, despite his unfortunate physical limitations, the standards set by the Regulations framed by the MCI, are set by experts, keeping ...

Court Cannot Quash Disability Certificate Issued by a Medical Authority: Delhi HC [Read Judgment]

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Karan Tripathi

Court Cannot Quash Disability Certificate Issued by a Medical Authority: Delhi HC [Read Judgment]

Karan Tripathi

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Karan Tripathi

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