VIDHI HIMMAT KATARIYA AND OTHERS versus THE STATE OF GUJARAT AND OTHERS

VIDHI HIMMAT KATARIYA AND OTHERS versus THE STATE OF GUJARAT AND OTHERS

The relevant eligibility criteria for admission under PwD quota is as per notification dated 04.02.2019 (Appendix 'H'), which was in force when the petitioners sought admission; the expert medical boards found the petitioners did not meet the requirements (specifically, 'both hands intact, with intact sensation, sufficient strength and range of motion'). Courts should not interfere with expert medical opinion absent mala fides.

Parties
Petitioners: Vidhi Himmat Katariya and Others; Respondents: The State of Gujarat and Others
Jurisdiction
India
Judgment Date
04 October 2019
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision on Merits
Outcome
Petitions dismissed
Legal Topics
Disability Rights, Reservation in Educational Institutions, MBBS Admissions, Eligibility Criteria, Administrative Law
Education Law Constitutional Law Disability Rights Reservation in Educational Institutions MBBS Admissions Eligibility Criteria Administrative Law

Case Brief

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Parties

Vidhi Himmat Katariya and Others

Petitioners

The State of Gujarat and Others

Respondents

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision on Merits

Legal Issues

  1. 1 Whether notification dated 04.02.2019 amending eligibility criteria applies to MBBS PwD reservations for academic year 2019-20.
  2. 2 Whether rules of eligibility could be changed after commencement of selection process and its impact on petitioners.

Ratio Decidendi

The relevant eligibility criteria for admission under PwD quota is as per notification dated 04.02.2019 (Appendix 'H'), which was in force when the petitioners sought admission; the expert medical boards found the petitioners did not meet the requirements (specifically, 'both hands intact, with intact sensation, sufficient strength and range of motion'). Courts should not interfere with expert medical opinion absent mala fides.

Court Disposition

Petitions dismissed

Orders

  • All writ petitions under Article 32 are dismissed.
  • No order as to costs.