ANITA PRAKASH SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition, listed at Sr. No.52 (HoB), is called at 11.00 a.m.

(2.) Heard learned Counsel for the Petitioner, learned AGP for Respondent State and learned Counsel for Respondent No.2-National Medical Commission (formerly known as 'Medical Council of India'). The subject matter of controversy in the present petition is denial of admission to undergraduate medical course to the Petitioner, who is a person with disability. The Petitioner challenges both the executive decision of the Respondents in denying her admission and also the law in this behalf, which is contained in regulations called Graduate Medical Education (Amendment) Regulations, 2019.

(3.) The Petitioner has her left hand amputated. The disability suffered by her is said to be 'left transcarpal amputation with disability of 60 per cent'. It has been so assessed by the Disability Assessment Board of All India Institute of Physical Medicine and Rehabilitation, Mumbai. At the Petitioner's instance, she was again assessed for her disability by Grant Medical College and Sir J.J. Group of Hospitals, Mumbai, certifying her disability type as physical disability being locomotor disability and the specified category of disability under the broad sub-head "others", such as "Amputation, poliomyelitis". Both certificates declare the Petitioner to be ineligible for medical/dental course.