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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No(s). OF 2018

(Arising out of SLP (C ) No. 25757 of 2018)

GANESHBHAI VITHTHALBHAI BARAIYA & ANR. Appellant(s)

VERSUS

THE STATE OF GUJARAT & ORS. Respondent(s)

O R D E R

Leave granted.

The similar matter bearing C.A. No. 10353 of 2018 and

connected matter have been disposed of by this Court on

09.10.2018 and the following order had been passed:

“ It is not disputed that as per merit, the

appellants were required to be given admission in
the physically handicapped category. They were
not given the admission in view of the
recommendations given by the Medical Council of
India (MCI). However, the regulations framed by
the MCI adopts the provisions of the Rights of
Persons with Disability Act, 2016(RPWD).

As per the statutory provisions contained in

the aforesaid Act which has been considered by
this Court in Purswani Ashutosh (Minor) through
Dr.Kamlesh Virumal Purswani Vs. Union of India
and Ors. In W.P. (C) No.669/2018 decided on
24.8.2018, it has been held that statutory
provisions have to prevail over the
recommendations made by the Committee as the
recommendations made have not taken statutory
Signature Not Verified shape so far.
Digitally signed by
NEELAM GULATI
In the aforesaid facts and circumstances of
the case, though appellants were entitled for
Date: 2018.10.27
11:54:31 IST
Reason:

admission in the MBBS course, but now as all the

seats have been filled, the appellants have been
illegally deprived of the admission. As such,
we direct that the appellants be admitted in the
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next year, in MBBS course and in a government

medical college as the seats of handicapped have
been handed over to the general category, the
seats of that category shall be reduced for the
next academic session 2019-2020.
Accordingly, the appeals are allowed. The
impugned orders passed by the High Court is set
aside. Apprehension is raised that the
eligibility criteria may be changed. The
apprehension is baseless as any change
subsequently made is not going to affect the
right of the appellants to obtain admission.
The order is final, conclusive and binding.”

The instant appeal is also disposed of in terms of

the aforesaid order.

Pending application, if any, also stand disposed of.

................J.
(ARUN MISHRA)

................J.
(VINEET SARAN)
NEW DELHI;
OCTOBER 22, 2018
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ITEM NO.60 COURT NO.7 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). 25757/2018

(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)

GANESHBHAI VITHTHALBHAI BARAIYA & ANR. Petitioner(s)

VERSUS

THE STATE OF GUJARAT & ORS. Respondent(s)

( IA No.136304/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT and IA No.136306/2018-EXEMPTION FROM FILING O.T.)

Date : 22-10-2018 This petition was 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. Rameshwar Prasad Goyal, AOR

For Respondent(s) Mr. Gaurav Sharma, AOR

(MCI) Mr. Dhawal Mohan, Adv.
Mr. Abhishek Shrivastava, Adv.
Mr. P. Mohan, Adv.

(State of Gujarat) Mrs. Hemantika Wahi, Adv.

Ms. Jesal wahi, Adv.
Ms. Vishakha, Adv.

UPON hearing the counsel the Court made the following

O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
order.
Pending application, if any, also stand disposed of.

(NEELAM GULATI) (JAGDISH CHANDER)

COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)
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