3.10.2023 (Tuesday) : The Persons
with Disabilities (PwD) Act of 2016 was upheld by the Supreme Court today,
granting a candidate with cerebral palsy the right to reservation for admission
to the MBBS programme. The candidate was deemed qualified by the AIIMS expert
board, which was established in accordance with earlier instructions from the
Court, on September 22, 2023.
The Court observed :
“By cryptic and unreasoned opinion, the board rejected his claim that
he should be considered as PwD and thus entitled to reservation. This court by
its order dated 22nd September, 2023 was of the opinion that the expert report
was insufficient and that it didn't contain any reasons why the appellant could
not be considered disabled. Pursuant to the directions, the board again met and
furnished reasons on 27th Sep and considered him eligible. The expert opinion
has not been disputed by the respondent. The appellant is declared to be
entitled to be eligible- treated as PWD and consequently his application has to
be considered in such terms, on its merits, and processed accordingly.”
Case: Bambhaniya Sagar Vasharambhai v. Union Of India W.P.(C) No.
856/2023, Gaurav v. Union of India SLP C 18017/2023