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The petitioner belonging to the Other Backward Classes (OBC) category, seeks admission in the MBBS course in the University College of Medical Sciences (UCMS), under the Government of National Capital Territory of Delhi (GNCTD) under the ‘Persons with Disability (PWD)’ quota.
The facts of the case are that the petitioner passed his class XII examination in the year 2016. He possesses certificate of Persons with Disabilities which was issued by the Medical Board, Janakpuri Super Speciality Hospital, a Government hospital under the GNCTD which certifies that the petitioner is 75% permanent disability. This type of disability suffered by the petitioner was a ‘locomotor disability’ for the purposes of the Rights of Persons with Disabilities Act, 2016 (RPWD Act). It was laid down in the Appendix H of RPWD Regulations, 1999 that people suffering from locomotor disability of less than 40% were not eligible for admission against the PWD quota, whereas those with between 40 and 80% disability were eligible for the admission under the quota. Also, people with more than 80% of the disability were not eligible for admission in any medicine course at all.
The validity of Appendix H of RPWD Regulations was challenged by the petitioner. He had cleared the NEET exam and was also allotted a seat in the UCMS College under medical quota. However, when he went to for examination of his disability certificate, he was not allowed to enrol for medical course as he was suffering from 85% locomotor disability.
The counsel appearing for the respondents contended that since he was in possession of a disability certiciate issued by a medical authority itself, he was not eligible for admission in any medical course as he was suffering from 85% disability. The petitioner appealed for quashing of the disability certificate because of which he was not getting admission even after clearing the medical exam and securing a seat in a medical college. The Supreme Court held that no court of law can quash a medical certificate which has been issued by a competent medical authority. Hence the petitioner was denied of any relief.
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