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% 31.07.2018 Allowed, subject to all just exceptions.

Issue notice. Mr. Nikhil Goel, Mr. T. Singhdev and Ms. Seema Dolo, Advocates accept notices on behalf of respondent nos. 1, 3 and 4 respectively and seeks time to file reply. Let reply be filed within four weeks. Rejoinder, if any, be filed within four weeks, thereafter.

List on 14th November, 2018.

Issue notice.

Having heard learned counsel appearing on behalf of the parties, the present application is disposed off with the following order.

12. Learned counsel appearing on behalf of the petitioner would urge that, in terms of the provisions of the said Act and the decision of the Hon'ble Supreme Court in All Kerala Parents Association of Hearing Impaired and Another vs. State of Kerala and Others, reported as (2018) 2 SCC 410, the right of the petitioner predicated on her disability to be admitted to a Medical College is absolute.

13. Per contra, Mr. Singhdev, learned counsel appearing on behalf of the MCI - Respondent no.2 would urge that, the persons with specified benchmark disabilities, such as the petitioner, who suffer from hearing impairment, in terms of the impugned report published by them, cannot be permitted to participate in the admission process to the course of MBBS. Learned counsel relies on a decision of a Division Bench of Bombay High Court in Joshua Jesse Levi & Anr. vs. State of Maharashtra & Ors. in this behalf.

14. Mr. T. Singhdev, learned counsel appearing on behalf of the MCI, has also invited my attention to a decision of a Division Bench of this Court in Deepshikha vs. Medical Council of India & Ors. reported as 2015 (150) DRJ 387) and in particular to paragraph 41 thereof, to urge that the classification which renders hearing impaired persons as being ineligible to study medicine is rational and has a reasonable nexus with the object sought to be achieved.

15. In this behalf, reliance is placed on paragraph 34 of the decision in Deepshikha (Supra) to state that, in Union of India vs. Devendra Kumar Pant reported as (2009) 14 SCC 546, the Hon'ble Supreme Court observed that, if the disability would effect the discharge of functions or performance in a higher post or would pose a threat to the safety of the public, persons with such disability can be denied admission to the course of MBBS.