ABC Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue involved in the present petition is whether the petitioner is suffering from benchmark disability under The Rights of Persons with Disabilities Act 2016. The petitioner claims that he was diagnosed with Mixed Anxiety and Depressive Disability (MADD). He obtained a certificate in terms of Gazette Notification No. MCI-34(41) 2018- Med./1170045 dated 5th Feb. 2019 for admission to Medical Courses in All Indian Quota. The said certificate certifies that he has Permanent Mental Impairment with Disability Range of less than 40%. With the said certificate, the petitioner is desirous of obtaining a seat in Post Graduation course in terms of Sec. 32 of the Disabilities Act 2016 which make it imperative for institutions receiving aid from the Government to reserve not less than 5% seats for persons with benchmark disabilities. Learned counsel Shri Thorat appearing for the petitioner submits that the petitioner undisputedly falls within the benchmark disability as defined in Sec. 2(r) of The Rights of Persons with Disabilities Act, 2016. However, in light of the regulations framed by the Medical Council of India (MCI) on 13th March 2019, the criteria has been changed by the MCI in the midst of on-going admission process, which reckons the petitioner as ineligible for admission to Post graduate medical course from PwD category. The petition has been moved before us in light of the extreme urgency being, the first round of counselling of All India Quota is to commence for the current Academic Year 2019-2020 is to commence in the monrh of March.

(2.) The Rights of Persons with Disabilities Act 2016 give effect to the United Nations Convention on the Rights of Persons with Disabilities and is an enactment intended for empowerment of persons with disabilities and intends to give full and effective participation of the differently abled persons by affording equality of opportunity. Sec. 32 of the said Enactment makes it mandatory for all the Government institutions of higher education and other higher education institutions receiving aid from the Government to reserve not less than 5% seats for persons with benchmark disabilities. Sec. 2(r) defines the term "Person with benchmark disability" as follows:

(3.) The schedule appended to the said Act enlists the specified disabilities under various heads and clause (3) of the said schedule provides for Mental behaviour and reads thus: