National Medical Commission Thr. Its Secretary and Ors. Vs Suyash Suryakant Patil

918.IA.6593.2025 .doc

Digitally signed by ANANT ANANT KRISHNA NAIK KRISHNA Date: NAIK 2025.03.28 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 11:13:28 +0530 CIVIL APPELLATE JURISDICTION

¶3

INTERIM APPLICATION NO. 6593 OF 2025

¶4

IN

¶5

WRIT PETITION NO. 13072 OF 2024

¶6

National Medical Commission Through its Secretary ...Applicant IN THE MATTER OF Suyash Suryakant Patil ….Petitioner Versus National Medical Commission Through its Secretary & Ors. ...Respondents

¶7

****

¶8

Mr. Viraj Shelatkar a/w. Ms. Kunjan Makwana i/b. Mr. Ganesh Gole for the Applicant-NMC

¶9

Ms Neha S. Bhide, Government Pleader a/w. Mr. S. B. Kalal, Assistant Government Pleader for the Respondent Nos. 2, 4 & 5

¶10

Mr. Rahul Bajaj (through VC) a/w. Mr. Taha Bin Tasneem & Mr. Shantanu Derhgawan for the Petitioner.

¶11

¶12

CORAM : A. S. CHANDURKAR & M. M. SATHAYE, JJ.

¶13

DATED : 26^th MARCH 2025

¶14

P.C.:

¶15

This Interim Application has been moved by the National Medical Commission seeking modification of the directions issued by this Court in the Writ Petition No. 13072 of 2024 (Suyash Suryakant Patil vs National Medical Commission & Ors.) dated 21/02/2025. Paragraph no. 13 of the said judgment, it has been directed as under:

¶16

“13. Hence for aforesaid reasons, the following order is

¶17

1

¶18

akn

¶19

918.IA.6593.2025 .doc

¶20

passed:-

¶21

i) In the light of quantification of petitioner’s multiple disability at 58% and speech disability exceeding 40% as per Certificate dated 6^th August 2024 coupled with the disability assessment of the petitioner by the NEET Disability Certification Medical Board on 23^rd October 2024 holding the petitioner eligible to pursue medical education, it is held that the petitioner is entitled to pursue medical education and also seek benefit of PwD reservation.

¶22

ii) The action on the part of Government Medical College, Jalna of cancelling the petitioner’s admission to the first MBBS course, 2024 for failure to produce a requisite disability certificate is set aside. It is directed that the petitioner shall be restored his admission to the first MBBS course, 2024 in the PwD category. Same be done by creating a supernumerary post.

¶23

iii) The Dean, Government Medical College, Jalna shall take necessary steps so as to enable creation of this supernumerary seat with the approval of the National Medical Commission.

¶24

iv) Rule is made absolute in aforesaid terms with no order as to costs.”

¶25

According to the National Medical Commission, the academic session for the year 2024-25 commenced on 01/10/2024 and the period of almost 6 months has since lapsed. It is stated that to enable the Original Petitioner to pursue the entire academic course, he may be admitted in the First Year MBBS Course for the upcoming academic year 2025-2026 on the basis of the aforesaid directions.

¶26

The learned Counsel for the Original Petitioner consents to being admitted in the academic session 2025-2026 in the Persons With Disabilities category in accordance with the aforesaid judgment. He, however, expresses apprehension that he should not be denied admission in that session on the premise that a more meritorious candidate is required to be admitted.

¶27

2

¶28

akn

¶29

918.IA.6593.2025 .doc

¶30

The apprehension expressed by the learned Counsel for the Original Petitioner cannot be said to be unfounded. Thus, while accepting the request made on behalf of the National Medical Commission, paragraph no.13(ii) of the aforesaid judgment is modified by directing that the Petitioner shall be admitted to the First Year MBBS Course for the academic year 2025-26 under PwD quota. It would therefore not be necessary to create supernumerary post in that regard for the academic year 2024-25 .

¶31

The Respondent No. 5-Dean, Government Medical College shall accordingly take steps to admit the Petitioner in the First Year MBBS Course in the academic year 2025-26 within the sanctioned strength of students. Consequently, the direction to create a supernumerary seat for academic session 2024-25 stands withdrawn.

¶32

With the aforesaid modification, the Interim Application is disposed of.

¶33

(M. M. SATHAYE, J.)

¶34

(A. S. CHANDURKAR, J)

¶35

3

¶36

akn

National Medical Commission Thr. Its Secretary and Ors. v. Suyash Suryakant Patil

Case brief

What is this about?

What did the court decide?

National Medical Commission Thr. Its Secretary and Ors. v. Suyash Suryakant Patil

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Srinivasa Educational Society Vs Profectus Capital Private Limited

Sanjeevani Shikshan Prasarak Mandal and Anr. Vs the State of Maharashtra through the Secretary and Ors.

Chandrakant Waman Parab and Ors. Vs the Shri Mahalaxmi Co-Op Bank Ltd. Kolhapur Throu.Its Authorized Officer and Ors.

Krishna Kailas Ghule Vs the Union of India Thr the Ministry of Health and Family Welfare and Ors.

Darul Habeeb General Education and Welfare Trust Thr Its Authorised Signatory Vs the District Collector Ratnagiri and Ors.

Meera Shriniwas Dubas and Ors. Vs Bank of Maharashtra through Its Zonal Manager and Ors.