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  • Muskan Shaikh 32938 - 2018 - Order - 18-Sep-2018 PDF

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    Disability Rights Alliance
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    SC orders that girl with disability be given MBBS seat timesofindia.indiatimes.com/city/ahmedabad/sc-orders-that-girl-with-disability-be-given-mbbs-seat/articleshow/65878466.cms 20 September 2018 AHMEDABAD: In an unprecedented decision, the Supreme Court ordered the Gujarat government to admit a girl with disability to its MBBS course, in the quota for disabled students, after the admission process for medical courses ended. Since the admission process is over in Gujarat, the bench of Justice Arun Mishra and Justice Vineet Saran ordered the authorities to reduce one seat, which will be offered to this student in the present academic session, from next year’s quota. “As the seats have already been filled up and admissions are complete for this year, the seat offered be reduced from next year’s quota,” the order reads. The student who approached the SC is Muskan Shaikh from Vadodara. Four years ago, she met with an accident during a school picnic when the bus they were in overturned. Muskan’s right hand had to be amputated. She was declared 75% disabled. On the basis of her score in the National Entrance cum Eligibility Test (NEET), Muskan sought admission to the MBBS course in the quota for physically challenged people because the Right of Persons with Disabilities Act, 2016 stipulates that eligibility for medical courses for a physically disabled candidate is having disability between 40% and 80%. The Medical Council of India (MCI) and the Admission Committee for Professional Undergraduate Medical Educational Courses objected to Muskan’s eligibility and claimed that with her type of disability, she would not pass the suitability test for medical courses. Muskan, along with two other similarly situated students, unsuccessfully challenged the decision before Gujarat high court. When Muskan approached the apex court, it observed in its order passed on Tuesday that the girl ought to have been given admission in the physically handicapped category, but it was not done in view of MCI recommendations. The court also pointed out that the MCI acted against its own regulations for adopting provisions of the law for the quota for disabled persons. After directing the authorities to admit Muskan in the MBBS course, the court clarified, “This order has been passed in the peculiar facts of the case… Order not to be treated as a precedent in any other case.” .

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    SC orders that girl with disability be given MBBS seat timesofindia.indiatimes.com/city/ahmedabad/sc-orders-that-girl-with-disability-be-given-mbbs-seat/articleshow/65878466.cms 20 September 2018 AHMEDABAD: In an unprecedented decision, the Supreme Court ordered the Gujarat government to admit a girl with disability to its MBBS course, in the quota for disabled students, after the admission process for medical courses ended. Since the admission process is over in Gujarat, the bench of Justice Arun Mishra and Justice Vineet Saran ordered the authorities to reduce one seat, which will be offered to this student in the present academic session, from next year’s quota. “As the seats have already been filled up and admissions are complete for this year, the seat offered be reduced from next year’s quota,” the order reads. The student who approached the SC is Muskan Shaikh from Vadodara. Four years ago, she met with an accident during a school picnic when the bus they were in overturned. Muskan’s right hand had to be amputated. She was declared 75% disabled. On the basis of her score in the National Entrance cum Eligibility Test (NEET), Muskan sought admission to the MBBS course in the quota for physically challenged people because the Right of Persons with Disabilities Act, 2016 stipulates that eligibility for medical courses for a physically disabled candidate is having disability between 40% and 80%. The Medical Council of India (MCI) and the Admission Committee for Professional Undergraduate Medical Educational Courses objected to Muskan’s eligibility and claimed that with her type of disability, she would not pass the suitability test for medical courses. Muskan, along with two other similarly situated students, unsuccessfully challenged the decision before Gujarat high court. When Muskan approached the apex court, it observed in its order passed on Tuesday that the girl ought to have been given admission in the physically handicapped category, but it was not done in view of MCI recommendations. The court also pointed out that the MCI acted against its own regulations for adopting provisions of the law for the quota for disabled persons. After directing the authorities to admit Muskan in the MBBS course, the court clarified, “This order has been passed in the peculiar facts of the case… Order not to be treated as a precedent in any other case.” .

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    Muskan Shaikh 32938 - 2018 - Order - 18-Sep-2018 PDF

    Загружено:

    Disability Rights Alliance
    SC orders that girl with disability be given MBBS seat timesofindia.indiatimes.com/city/ahmedabad/sc-orders-that-girl-with-disability-be-given-mbbs-seat/articleshow/65878466.cms 20 September 2018 AHMEDABAD: In an unprecedented decision, the Supreme Court ordered the Gujarat government to admit a girl with disability to its MBBS course, in the quota for disabled students, after the admission process for medical courses ended. Since the admission process is over in Gujarat, the bench of Justice Arun Mishra and Justice Vineet Saran ordered the authorities to reduce one seat, which will be offered to this student in the present academic session, from next year’s quota. “As the seats have already been filled up and admissions are complete for this year, the seat offered be reduced from next year’s quota,” the order reads. The student who approached the SC is Muskan Shaikh from Vadodara. Four years ago, she met with an accident during a school picnic when the bus they were in overturned. Muskan’s right hand had to be amputated. She was declared 75% disabled. On the basis of her score in the National Entrance cum Eligibility Test (NEET), Muskan sought admission to the MBBS course in the quota for physically challenged people because the Right of Persons with Disabilities Act, 2016 stipulates that eligibility for medical courses for a physically disabled candidate is having disability between 40% and 80%. The Medical Council of India (MCI) and the Admission Committee for Professional Undergraduate Medical Educational Courses objected to Muskan’s eligibility and claimed that with her type of disability, she would not pass the suitability test for medical courses. Muskan, along with two other similarly situated students, unsuccessfully challenged the decision before Gujarat high court. When Muskan approached the apex court, it observed in its order passed on Tuesday that the girl ought to have been given admission in the physically handicapped category, but it was not done in view of MCI recommendations. The court also pointed out that the MCI acted against its own regulations for adopting provisions of the law for the quota for disabled persons. After directing the authorities to admit Muskan in the MBBS course, the court clarified, “This order has been passed in the peculiar facts of the case… Order not to be treated as a precedent in any other case.” .

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    из 2

    1

    ITEM NO.23 COURT NO.8 SECTION III

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (C) No(s).24524/2018

    (Arising out of impugned final judgment and order dated 21-08-2018


    in SCA No.10980/2018 passed by the High Court Of Gujarat At
    Ahmedabad)

    MUSKAN ABDUL RAHIM SHAIKH (MINOR) THROUGH


    ABDUL RAHIM SHAIKH Petitioner(s)

    VERSUS

    STATE OF GUJARAT & ORS. Respondent(s)

    Date : 18-09-2018 These matters were called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE ARUN MISHRA
    HON'BLE MR. JUSTICE VINEET SARAN

    For Petitioner(s) Mr. Govind Jee,Adv.


    Mr. Krishna Kumar Singh,AOR

    For Respondent(s) Ms. Hemantika Wahi,AOr


    State Ms. Jesal Wahi,Adv.
    Ms. Vishakha,Adv.
    Ms. Mamta Singh,Adv.

    MCI Mr. Gaurav Sharma,AOR


    Mr. Prateek Bhatia,Adv.
    Mr. Dhawal Mohan,Adv.
    Mr. Abhishek,Adv.
    Mr. Prasanna Mohan,Adv.
    Mr. Amandeep Kaur,Adv.

    UPON hearing the counsel the Court made the following


    O R D E R

    It is agreed to that as per merit, petitioner ought


    to have been given admission in the physically handicapped
    Signature Not Verified
    category, but that was not done in view of the
    Digitally signed by
    SARITA PUROHIT
    Date: 2018.09.19
    17:36:35 IST
    Reason:
    recommendations made by the Medical Council of India (MCI).
    The recommendations of Committee of the MCI cannot hold
    field in view of the MCI regulations, in which MCI has
    adopted the provisions of the Rights of Persons with
    2

    Disabilities Act, 2016, as held by this Court in the case


    of Purswani Ashutosh (Minor) through Dr. Kamlesh Virumal
    Purswani Vs. Union of India & Ors. (W.P.(C)No.669/2018
    dated 24.8.2018).
    Thus, it is agreed to that the petitioner ought to
    have been given admission at per her merit. As we are at
    the commencement of the session, let the petitioner be
    admitted. However, as the seats have already been filled
    up and admissions are complete for this year, the seat
    offered be reduced from the next year quota.
    This order has been passed in the peculiar facts of
    the case and considering that the petitioner is a
    handicapped and should not have been deprived of admission
    as per her merit position.
    Order not to be treated as a precedent in any other
    case.
    The special leave petition and pending applications
    stand disposed of.

    (Jagdish Chander) (Sarita Purohit)


    Branch Officer AR-cum-PS

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