Supreme Court declares candidate with cerebral palsy eligible for reservation in MBBS admission (3.10.2023)

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

04 Oct 2023