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2023 DIGILAW 540 (SC)

Vibhushita Sharma v. Union Of India

2023-04-17

D.Y.CHANDRACHUD, J.B.PARDIWALA, PAMIDIGHANTAM SRI NARASIMHA

body2023
ORDER : 1. The petitioner has been denied admission to the MBBS Degree course on the ground that she has a speech and language impairment of 55%. 2. By an order dated 10 February 2023, this Court observed that before embarking upon the legal issue involved, it would be appropriate to examine whether a solution can be found for the petitioner in a manner which would subserve the interest of justice. 3. By the interim order, this Court directed that the petitioner may be examined by the Medical Board at PGI, Chandigarh to assess her fitness to pursue the MBBS degree course. 4. The report which has been submitted by the Medical Board indicates that the petitioner is in a position to pursue the MBBS Degree course. Before arriving at this conclusion, the Medical Board has carried out a thorough assessment of the medical condition of the petitioner. 6. In the above backdrop, in exercise of the jurisdiction of this Court under Article 142 of the Constitution of India, we direct that the petitioner shall be admitted to the Kalpana Chawla Medical College for which she was initially granted admission for academic year 2023-2024 in the session which shall commence from August 2023. The petitioner will commence her course of studies for the first year of the MBBS Degree Course. The admission of the petitioner shall be under the quota earmarked for persons with disabilities under the Rights of Persons with Disabilities Act 2016. The petitioner suffers from a benchmark disability. 7. Since the dispute has been resolved without the Court being required to enquire into the issues of law involved, we clarify that all issues of law are kept open to be adjudicated upon in an appropriate case. 8. The writ petition is, accordingly, disposed of, in the above terms. All authorities shall act on the basis of this order. 9. Pending application(s), if any, stand disposed of.