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SC favours MBBS Admission for student with mental behavioural disability; Dismisses Appeal

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SC favours MBBS Admission for student with mental behavioural disability; Dismisses Appeal

Kolkata: Disposing of an appeal filed by the West Bengal Government, the Supreme Court has denied intervening in the High Court order directing the Government to grant admission to an MBBS aspirant with more than 40 per cent mental disability.

With the disability rule for medical admissions sparking controversies every now and then, a case related to one MBBS aspirant came to light in 2018. Despite being a candidate with a mental behavioural disability, he cleared NEET 2018 and got through Nil Ratan Sircar Medical College & Hospital (NRSMC&H). However, he was denied admission over an adverse medical report.

The matter was deliberated in the Calcutta High Court wherein it directed the state government to give admission to the MBBS aspirant in the 2019-20 session in the state-run medical college. They were further directed to pay a compensatory amount of Rs 3 lakh to the candidate.

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However, the state still denied MBBS admission to the candidate and moved the apex court against the HC order

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Also Read: MCI disability rules Arbitrary, says Madras high court

The state had contended the Institute of Post Graduate Medical Education and Research (IPGMER) report had suggested the candidate was not eligible to pursue the UG medical course and that he suffered from “delusion of persecutions and auditory hallucination”.

Further, the state mentioned that experts from the Medical Council Of India (MCI) had recommended to the Centre that a person with 40% or more disabilities could not be allowed to take the undergraduate (UG) medical course but the Centre had not decided anything, reports TOI.

Hearing the matter, the SC bench of Justice Arun Mishra and Justice M R Shah refused to interfere in the matter and dismissed the petition.

Commenting on the order, Amiya Maity, a former SSKM academic told TOI, “This judgment has a wide-ranging ramification on people with disabilities. Under the 21 disabilities listed under the Rights of Persons with Disabilities Act 2016, a person with over 40% mental disability is entitled to admission to medical courses.”

Source: with inputs
3 comment(s) on SC favours MBBS Admission for student with mental behavioural disability; Dismisses Appeal

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  1. user
    Gorrela Venkata Ramana rao July 19, 2019, 3:03 pm

    Mental disorders are common.Approximately 20% of the population suffer from mental and behavioural disorders including addictions as estimated by several epidemiological studies.It will be unfair to dismiss a person who is qualified in a given entrance test for admission.This will apply to all streams of education.As long as the said individual is on treatment and is functional he should be allowed to pursue his education.Delusions and hallucinations can be effectively treated with medication and therapies.There is no specific objective test available to confirm most mental disorders.Mild to moderate psychotic disorders are amenable for treatment.Severe cases should not be allowed admission.Such persons usually can\’t perform adequately even to pass the entrance examination,leave alone getting qualified.

  2. user
    Laxmi Naresh Vadlamani July 19, 2019, 10:16 am

    The MHCA2017 has defined Mental illness as a substantial disorder that grossly impairs Judgement, Capacity and Behaviour. By this definition only persons with Substantial active Psychosis, Active Substantial Manic Episode, Substantial memory,disorientation and cognitive disorders like Moderate to Severe Dementia and that too the above substantial disorders should cause direct gross impairment to judgement, Capacity and behaviour.
    Except for Irreversible Dementias, the rest of defined mental illnesses are temporary conditions like Delirium( a temporary confused state of consciousness).
    Usually in most other psychiatric disorders and in persons with mental illnesses, the other parts of the brain functions adequately and normally.

    Most of them are able to lead a near normal lives. Several politicians, IAS, Armed forces, Police officuals, lawyers, judges, engineers, students, women, children, elderly who suffer from psychiatric disorders or temporary substantial mental illnesses, are able to lead a near normal life while on treatment for various psychiatric disorders and temporary substantial mental illness. Why single out doctors or training of medical student for risk to population while other professionals also perform activities which are even more riskier to larger population.

    Now, that as per the MHCA2017, providing care to all persons with mental illness is the responsibility of the Govt., the Govt. with all its finances and resources would provide free quality supervised care and rehabilitation of such temporarily mentally ill persons.

  3. user
    Santhosh Kumar MN July 19, 2019, 9:44 am

    Rights of any person should never be acting against the genuine rights of another individual. I wonder why any learned medical personal, s opinion did not come up in this case especially from psychiatric side and even from psychologist side. While it may be argued that the psychiatric illness is treatable, can it be completely cured. How can anybody ensure that the person who is going to be be a doctor dealing with the health and life of the general public is taking regular treatment and that he will not be a threat to the society as a whole due to the bizarre thinking abnormalities of a schizophrenic person.
    I feel that the judgment is unfortunate and that the Hon court was not adequately appraised by experts in the field of the the inherent fatalities associated with such a decision.
    A schizophrenic individual depending on the post and job he is going to occupy after his qualification may be a threat to not only a small population but to huge proportion of population of the world.

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