K KIRAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of writ petitions, the procedure adopted by the University of Health Sciences, in selecting the candidates for admission into the First Year of M.B.B.S and B.D.S courses, for the current academic year, against the seats reserved in favour of the physically handicapped candidates, is challenged.

(2.) Petitioners state that they have suffered handicap of one form, or the other, and that though they were entitled to be admitted against such seats, the respondents denied them the benefit, provided for under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, for short "the Act". While some petitioners have suffered handicap in the upper limbs, some others have suffered the same in the lower limbs. The handicap suffered by all the petitioners confined to locomotor disorders. There are no cases of visual, or hearing handicap.

(3.) In the common counter-affidavit filed on behalf of the respondents, it is stated that the Government of India had issued instructions, through their letter dated 12.5.2004, to the effect that in the matter of admission into Medical and Dental courses, the benefit of reservation, in favour of physically handicapped candidates, shall be restricted only to those who have handicap to the lower limbs upto 50% to 70%, and that the other categories cannot be considered. The said instructions are said to be issued, on the basis of the decision taken by the Medical Council of India, through their circular dated 14.7.2003. It is also stated that in pursuance of the directions issued by the Medical Council of India and the Government of India, the respondent University had constituted a committee of experts, to assess the extent of disability of the candidates, and that the selections were made on the basis of such an assessment, in accordance with the circulars.