(Arun Mishra and Vineet Saran, JJ.)
Parmod ____________________________________________ Appellant
v.
Union of India & Ors. ____________________________ Respondent(s)
Civil Appeal No. 10353 of 2018 [Arising out of S.L.P.(C) Nos. 25686/2018], decided on October 9, 2018
With
Civil Appeal No. 10354 of 2018 [Arising out of S.L.P.(C) No. 25936/2018]
The Order of the court was delivered by
Order
1. Heard.
2. Leave granted.
3. It is not disputed that as per merit, the appellants were required to be given admission in the physically handicapped category. They were not given the admission in view of the recommendations given by the Medical Council of India (MCI). However, the regulations framed by the MCI adopts the provisions of the Rights of Persons with Disability Act, 2016(RPWD).
4. As per the statutory provisions contained in the aforesaid Act which has been considered by this Court in Purswani Ashutosh (Minor) through Dr. Kamlesh Virumal Purswani v. Union of India In W.P. (C) No. 669/2018 decided on 24.8.2018, it has been held that statutory provisions have to prevail over the recommendations made by the Committee as the recommendations made have not taken statutory shape so far.
5. In the aforesaid facts and circumstances of the case, though appellants were entitled for admission in the MBBS course, but now as all the seats have been filled, the appellants have been illegally deprived of the admission. As such, we direct that the appellants be admitted in the next year, in MBBS course and in a government medical college as the seats of handicapped have been handed over to the general category, the seats of that category shall be reduced for the next academic session 2019-2020.
6. Accordingly, the appeals are allowed. The impugned orders passed by the High Court is set aside. Apprehension is raised that the eligibility criteria may be changed. The apprehension is baseless as any change subsequently made is not going to affect the right of the appellants to obtain admission. The order is final, conclusive and binding.
7. Pending applications, if any, stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition for special leave to appeal (C) No. 25686/2018
Parmod.….Appellant(s)
v.
Union of India & Ors.….Respondent(s)
WITH
SLP(C) No. 25936/2018
(With appln for exemption from filing c/c of the impugned judgment and permission to file additional documents/facts)
(Before Arun Mishra and Vineet Saran, JJ.)
For Appellant(s) Mr. Jeetender Gupta, AOR
For Respondent(s) Ms. Kiran Suri, Sr. Adv.
Ms. Sunita Rani Singh, Adv.
Mr. Amit Sharma, Adv.
Mr. Prashant Singh, Adv.
Mr. Raj Bahadur, Adv.
Dr. Arun Yadav, Adv.
For Anil Katiyar, Adv.
Mr. Tara Chandra Sharma, Adv.
Ms. Neelam Sharma, Adv.
Mr. Rajeev Sharma, Adv.
Mr. Rajat Rathee, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeals are allowed in terms of the signed order.
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