After Supreme Court, Delhi HC sets aside MCI Disability Rules, orders admission of 3 MBBS aspirants
New Delhi: Following the footsteps of the Supreme Court that recently set aside Medical council of India regulations regarding the Disability quota for Medical Admissions, the Delhi High Court also recently gave relief to three medical aspirants who had cleared NEET but had been denied admissions based on their disabilities not meeting the MCI criteria
Mahesh Kumar, Haemophilia-A patient whose admission had been canceled by a medical board constituted by FMS at Maulana Azad Medical College without any physical examination in early August won his admission battle. The Delhi High Court on Wednesday issued directions of his readmission along with 3 others to an MBBS course under the Disability Quota.
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The other three students who have been granted permission to join MBBS courses are suffering from hearing impairment and dyslexia. The Medical Council of India(MCI) guideline had earlier classified the three as ineligible. The face-saving in their case first began when last week the Union Health Ministry quashed the guideline making the 3 eligible to join MBBS courses again,
Thereafter the Supreme Court allowed an aspirant suffering from 'Low vision' a disability in which the eyesight cannot be corrected or improved, to pursue the MBBS course and treat patients.
With the said judgment, the court had rejected as "fallacious" the contention of the Medical Council of India (MCI) that Section 32 of the Disabilities Act providing for reservation in higher education institutions for persons with benchmark disabilities, only provides reservation to higher educational institutions and not to technical institutions imparting technical education.
The apex court in the judgement quoted
Be that as it may, as mentioned hereinabove, it is not necessary for this Court to adjudicate the question of whether Section 32 of the 2016 Act is attracted or not, in view of the admission that the Medical Education Regulations which incorporate the provisions of the 2016 Act in relation to reservation to higher educational institutions, have statutory force and are binding on the MCI. The regulations have not yet been amended by the MCI in the light of the recommendations made by its Committee and the decision taken at the Secretariat level. No amendment in the 2016 Act or in the regulations framed by the MCI have been made so far.
For the reasons discussed above, this Court holds that the petitioner cannot be denied admission to the MBBS course if he qualifies as per his merit in the category of persons with disability. In the event, the petitioner is found to be entitled to admission, he shall be given admission in the current academic year 201819."
Taking cue from the Supreme Court, the Delhi High Court noted
A plain reading of the above extracted paragraph leaves no manner of doubt that, the Hon'ble Supreme Court of India has found persons with physical disabilities, entitled to admission to MBBS courses, in the event they qualify as per merit, in the said category.
The high court also took into account the submissions made by the Mr. T. Singhdev, learned counsel appearing on behalf of MCI who stated that, in terms of the directions passed in the subject judgment and order dated 24.08.2018, the present petitions would have to be allowed.
The bench of Justice Siddharth Mridul, then went on to extend the relief to aspirants in the current cases
In view of the foregoing, the present writ petitions are allowed. The impugned communications denying the petitioners' the right to pursue undergraduate medical education are accordingly set aside and quashed, The University of Delhi is directed to confirm the admission granted to the petitioners forthwith, in the respective medical colleges in the MBBS course for the academic session 2018-19, subject to completion of all the necessary formalities.