Delhi HC to hear plea against rule barring PwD candidates from pursuing MBBS today

New Delhi: The Delhi High Court will today hear a petition seeking quashing of Medical Council of India's (MCI) recent notification which declared aspirants having a benchmark disability of more than 80 per cent ineligible for admission to undergraduate medical education programmes.

The plea was filed after MCI rolled out the notification on February 2 specifying the eligibility criteria of PwD candidates on the basis of their disability. The notification stated that divyangs (especially challenged) with more than 80 per cent disability have been barred from pursuing MBBS education. In addition, aspirants having, Dysgraphia has also been prohibited to take up the profession.

Medical Dialogues had recently reported that the disability guidelines issued in the Gazette of India notification by Board of Governors in supersession of the Medical Council of India (MCI BoG); have been objected by the disabled medical aspirants and doctors.

Read Also: New MCI Disability criteria meets stark opposition from Medicos

Observing urgency in the case, the Delhi High Court has agreed to hear the PIL today.

The petition states that the notification is a "highly irrational, arbitrary and discriminatory" in manner. The petition further claims that the notification has declared the person having one hand amputated cannot pursue MBBS education in India.

The petition also added that according to Section 3(1) it is the duty of respondents to ensure that persons with disabilities shall enjoy the right to equality and life with dignity.

The petitioner further stated in the plea that by preventing a PWBD (person with benchmark disability), having locomotor disability of more than 80 per cent, in participating MBBS examination, respondent, Union Ministry of Health has not only attacked the dignity of PWBD but has also failed to apply the Principle of Equal Opportunity Policy as enshrined under Section 21 of the RPWD Act - 2016.

Background

Medical Dialogues team has been extensively reporting about the setback that disabled candidates have been facing when it comes to medical admission. Even the last MBBS admission session saw a series of petitions being filed before various courts including the apex court in the country, calling the MCI guidelines arbitrary, discriminatory and also standing in violation of the Disabilities Act.

On November 16, the MCI released the new amendments to the disability rules for MBBS admissions inviting public comments.

Read Also: MCI BOG introduce Amendments to Disability Rules for MBBS, invite Comments

NEET 2019

The dilemma for such candidates was made worse for the candidates as, by the time MCI finalised the new guidelines, the application process of NEET 2019 would be over. The deadline was later extended and NTA invited application from disabled candidates on the basis of the drafted guidelines.

Read Also: Medical Dialogues Impact: NTA invites NEET applications from PwD candidates based on Amended MCI Disability rules

The guidelines have now been finalised but much to the dismay of disabled candidates at a time when NEET 2019 application process is over

Read Also: NEET 2019 Correction facility closes; PwD candidates still with ambiguous disability guidelines