The Supreme Court directed that the physically handicapped candidates who were denied admission in the MBBS course this year, to be allowed admission under the physically handicapped category next year.
The judgment came after the appellants were not given admission in the physically handicapped category due to ‘Guidelines for Persons With Specified Disabilities’ framed in June by the committee on disability constituted by the Medical Council of India (MCI).
In the order, the Bench comprising Justice Arun Mishra and Justice Vineet Saran directed that as the seats for physically handicapped students were transferred to the general category, the seats of the general category should be reduced next year, so as to fit in more physically handicapped candidates.
The bench also cited the case of Purswani Ashutosh v. Union of India, wherein it held that
“statutory provisions prevail over the recommendations made by MCI, as the recommendation was pending before the central government for consideration.”
The Court also stated that the appellants have been illegally deprived of the admission. Appeals were allowed by stating the present order to be ‘conclusive and binding’.