(Arun Mishra and Indira Banerjee, JJ.)
Purswani Ashutosh (Minor) Through Dr. Kamlesh Virumal Purswani _________________________________________________ Petitioner
v.
Union of India & Ors. _____________________________ Respondent(s)
Writ Petition(s)(Civil) No(s). 669/2018, decided on August 10, 2018
With
SLP (C) No. 25875/2017 (Intervention/Impleadment)
The Order of the court was delivered by
Order
1. The petitioners are persons of disabled category. Prima facie it appears that they qualify as per the Disabilities Act as a disabled person to seek the benefit. Even as per the MCI Regulations framed in the year, 2018, they are entitled to be admitted in the MBBS Course under disabled category. However, MCI has constituted a Committee of nine experts which included the experts of various fields. The Committee has submitted a report to the Government of India indicating the categories of disabilities suitable for the admission in the MBBS Course; due to that the petitioners have not been found eligible for admission to MBBS Course. However, the report of Committee, as conceded at Bar, is pending consideration before the Central Government. In our opinion, it is an urgent matter and relates to on-going admissions, Government has to consider the report of the MCI as expeditiously as possible and to decide whether the Central Government is inclined to go by the schedule that has been incorporated in the Act and whether it intends to accept the report of the Committee formed by the MCI or not.
2. It is open to stakeholders for disabled categories including the petitioners to submit a representation to Central Government.
3. Let call be taken expeditiously as the persons with disabilities may suffer due to lapse of time. As such let the Central Government decide this issue within ten days from today and its decision be informed to this court on the next date of hearing.
4. List on 21st August, 2018.
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