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A Supreme Court bench of Justices Chandrachud and Surya Kant today protected the allotment of a Post Graduate medical seat of a person with disability till further orders.

The bench was hearing a plea filed by a doctor with  41 percent disability, the doctor had obtained a PG medical seat in Radiology, however, was held to be ineligible for admission to Post Graduate Medical Courses for the Academic Year 2021-22.

Huzefa Ahmedi, appearing for the petitioner, submitted that the petitioner had obtained a seat in Radiology and that the petitioner who had earlier approached the Bombay High Court was granted an order permitting him to participate in the counselling without reserving or earmarking any seat.

Ahmedi submitted that the petitioner having already obtained a seat in SC PWD quota is now at the risk of losing the same.

Ahmedi submitted that there was a blanket prohibition from allowing candidates, who are physically challenged, from pursuing Post Graduate Medical Studies irrespective of the courses. He submitted that the Petitioner is desirous of pursuing non-surgical courses and that such a blanket prohibition from pursuing all courses without assessing the functional capacity would be defeating the purpose for which a reservation is made for the persons with disability.

The Court on hearing Ahmedi issued notice returnable on February 25 and said that as the petitioner has been allotted a seat in the Radiology branch at TN Medical College under PWD SC category, the allotment shall not be disturbed pending further orders.

Cause Title: Shubha Hiremath vs Union of India