SC to hear plea on Reservation in Medical Colleges for people with benchmark disability

A medical college aspirant has filed a petition before the Supreme Court praying for implementation of reservation scheme in Medical and Dental Colleges for people with benchmark disability under the Persons with Disabilities Act, 2016 (Disability Act)..The petitioner in this case suffers from ‘low vision’ which is a benchmark disability under the Disability Act, 2016. The petitioner appeared for the National Eligibility cum Entrance Test (NEET) under the physically disabled category and stands a fair chance to secure a seat in the respondent college..However, the respondent college allegedly refused to assess the petitioner’s request to issue him a certificate of disability “arbitrarily”. This, the petitioner has contended deprives the petitioner of his “valuable fundamental rights guaranteed under the Constitution of India.”.The petition states that as per the rules laid down by the Gujarat Professional Medical Educational Courses and under the NEET Prospectus 2018, it is necessary for a candidate under the physically disabled category to procure a disability certificate which will, inter alia, state the extent of disability and the suitability of the candidate to take up a certain course..It has been submitted that the petitioner approached the disability assessment Board of the Vardhaman Mahavir Medical College, the respondent, but this board “did not act/refused in assessing the Petitioner’s disability”..Subsequently, the petitioner met the doctors of the Medical Board of Gujarat government, where again, he received no response. The petitioner then approached one BJ Medical College Committee to look into his case but this committee also did not examine the petitioner’s case stating that they had no instructions to do so..It is highlighted in the petition that the Medical Council of India Guidelines prescribe a 5 per cent reservation for people with benchmark disabilities under the Disability Act, 2016 and the same has been incorporated in the NEET 2018 prospectus..Given that the admission process and counselling for medical colleges has begun, the petitioner has prayed for a direction to the respondents to issue a disability certificate to the petitioner, so that he can benefit from the counselling process..The petitioner has also sought implementation of the scheme as mandated by the Disability Act, 2016..When the petition came up before the vacation Bench of Justices UU Lalit and Deepak Gupta on June 15, the Court issued notice to the respondents. The petitioner was represented by Senior Counsel Sanjay Hegde and Advocate Govind Jee..The Court also directed the petitioner to approach the Medical Committee of BJ Medical College for medical assessment regarding the petitioner’s disability..The medical report by this committee has now been sent to the Supreme Court in a sealed cover. The Court is scheduled to hear the matter next on July 3..Read Order: