We are In process of amending disability notification: MCI tells Delhi HC

New Delhi: The Medical Council of India’s (MCI) notification specifying the eligibility criteria of PwD (Persons with Disabilities) candidates who want to pursue medical courses, on the basis of their disability; is once again being amended.

The information to this effect surfaced in a response given by the MCI on the petition filed against the said notification in the Delhi High Court recently. The recent plea filed by one, Dr Mohd Shaloo, having a benchmark disability of 90 per cent, challenged the February 4 notification which made him ineligible to study medical course (NEET PG 2019). The plea sought setting aside of the government notification.

Dr Shaloo is an MBBS doctor who has served as a junior resident in Ram Manohar Lohia Hospital (RML Hospital) and has cleared National Eligibility cum Entrance Test for admission to Post Graduation courses (NEET PG) with a good rank.

The petition said that the decisions of MCI BoG and medical counselling committee to make Dr Shaloo ineligible to study the medical course are not only highly irrational, arbitrary and discriminatory but also against Article 21 of the Constitution and various provisions of the Rights of Person with Disability Act.

Further, due to the MCI notification, he cannot do post graduation and has challenged the notification, the counsel on behalf of the petitioner doctor said.

As per the said MCI notification, Divyangs (especially challenged) with more than 80 per cent disability have been barred from pursuing MBBS education. In addition, aspirants having, Dysgraphia had also been prohibited to take up the profession.

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Earlier, the Disability Right activist and Founder of Doctors with Disabilities: Agents of Change, Dr Satendra Singh moved the court against the MCI notification.

The petition had claimed that with the notification, persons having one hand amputated cannot pursue MBBS education in India. Dr Singh also had contended that the notification has been issued without any application of mind and was “highly irrational, arbitrary and discriminatory”.

It had argued that barring persons with more 80 per cent disability from taking admission in the medical courses violated their fundamental rights of equality and life guaranteed under the Constitution as well as various provisions of the RPWD Act, 2016.

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All the pleas have alleged that the authorities have violated the provisions of the Rights of Persons with Disabilities (RPWD) Act, which provides that no person with a disability shall be discriminated on the ground of disability and demanded the quashing of the notification.

PTI reports that the Medical Council of India informed a bench of Chief Justice Rajendra Menon and Justice V K Rao that it has taken some decision on the issue which would be communicated to the court. MCI informed the HC that it is in the process of amending the said notification.

The counsel appearing for MCI said the central government had asked the MCI to look into the matter after which it has taken some decision and it will be communicated to the court on March 12.

The bench listed the matter for further hearing on March 12.

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