Supreme Court: The Bench comprising of Arun Mishra and Vineet Saran, JJ., allowed the appeals pertaining to the admission of appellants under the physically handicapped category for the next year.
The facts of the case are that the appellants were not given admission in the physically handicapped category due to the recommendations given by the Medical Council of India (MCI). Though the regulations framed by the MCI also adopts the provisions of the Rights of Persons with Disability Act, 2016 (RPWD).
The Apex Court while noting the facts of the case, cited the case of Purswani Ashutosh v. Union of India, 2018 SCC OnLine SC 1717, in which it was held that “statutory provisions have to prevail over the recommendations made by the Committee as the recommendations made have not taken statutory shape so far.” Hence, the Court stated that all the seats have been filled as of now and the appellants have been illegally deprived of the admission.
The Court directed that appellants be admitted for the MBBS Course next year in a government medical college and the general category seats be reduced next year i.e. 2019-2020 as the seats of the physically disabled were given to the general category this year due to which they were deprived of the admission.
The impugned Punjab and Haryana High Court orders were set aside and appeals were allowed by stating the present order to be ‘conclusive and binding’. [Parmod v. Union of India,2018 SCC OnLine SC 1919, Order dated 09-10-2018]
