IYER SEETHARAMAN VENUGOPALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In all three petitions, the Petitioners are challenging Postgraduate Medical Education Regulations (Amendment) 2019 ( "Regulations of 2019 / 2019 Regulations ") to amend Postgraduate Medical Education Regulations, 2000 issued vide Notification dtd. 13/3/2019 issued by the Board of Governors in super-session of the Medical Council of India pursuant to the powers conferred under Sec. 33 of the Indian Medical Council Act, 1956.

(2.) The 2019 Regulations have brought about a substantial change regarding the guidelines for admission to students with specified disabilities. A chart appended thereto specifies the types of disabilities and provides for a disability range. A person with a disability of less than 40% is eligible for the medical course but not under the quota meant for persons with disability. Persons with disabilities between 40% to 80% are permitted for medical courses and are eligible under the quota meant for persons with disability. Persons with more than 80% disability are not eligible for medical courses. However, if the disability is brought below 80% with the use of assisted devices, the same can be considered eligible.

(3.) In respect of visual impairment, the students with visual impairment with less than 40% disability are eligible, and those with visual impairment for more than 40% may be made eligible to pursue PG medical admission subject to the condition that the visual impairment is brought to the level of less than the benchmark 40% with advance low vision aids such as telescopes/magnifier.