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october 2019

Supreme Court of India · 2019-10-04

VIDHI HIMMAT KATARIYA vs THE STATE OF GUJARAT

Citation / case number
SC 2019/24126
Court
Supreme Court of India
Petitioner
VIDHI HIMMAT KATARIYA
Respondent
THE STATE OF GUJARAT
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MS. JUSTICE INDIRA BANERJEE

Judgment text excerpt

The Supreme Court ruled that the eligibility criteria for admission under the Persons with Disabilities (PwD) category for the MBBS course should be governed by the regulations in force at the time of application, specifically the Medical Council of India Regulations, 2017, rather than the subsequent amendment made on 04.02.2019. The Court emphasized that Section 32 of the Right of Persons with Disabilities Act, 2016 mandates a minimum reservation of 5% in educational institutions, and the petitioners, who were declared ineligible based on the new criteria, should have been assessed under the earlier regulations. The Court directed the State Government to reconsider the admissions accordingly, thereby allowing the petitioners to be treated as eligible for the PwD quota.

VIDHI HIMMAT KATARIYA vs THE STATE OF GUJARAT · Niyam