MUSKAN ABDUL RAHIM SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is agreed to that as per merit, petitioner ought to have been given admission in the physically handicapped category, but that was not done in view of the recommendations made by the Medical Council of India (MCI). The recommendations of Committee of the MCI cannot hold field in view of the MCI regulations, in which MCI has adopted the provisions of the Rights of Persons with Disabilities Act, 2016, as held by this Court in the case of Purswani Ashutosh (Minor) through Dr. Kamlesh Virumal Purswani Vs. Union of India & Ors. (W.P.(C)No.669/2018 dated 24.8.2018).

(2.) Thus, it is agreed to that the petitioner ought to have been given admission at per her merit. As we are at the commencement of the session, let the petitioner be admitted. However, as the seats have already been filled up and admissions are complete for this year, the seat offered be reduced from the next year quota.

(3.) This order has been passed in the peculiar facts of the case and considering that the petitioner is a handicapped and should not have been deprived of admission as per her merit position.