SC Relief to Disabled Medical Aspirant; Govt Ordered to Grant MBBS Admission
Ahmedabad: A disabled MBBS aspirant, who was denied admission by the admission committee noting her 75% disability, has been given major respite by the Supreme Court since the apex authority has given a directive to the state government to grant MBBS admission the student.
The order comes after the student moved the apex court after her appeal was rejected by the Gujarat High Court. Since the decision comes after the admission process for MBBS courses is already over, the student is going to be adjusted in the next academic session.
"As the seats have already been filled up and admissions are complete for this year, the seat offered be reduced from next year’s quota,” the order by the bench of Justice Arun Mishra and Justice Vineet Saran read.
According to a recent media account, the Vadodara -based female student’s right hand was amputated up to the elbow after she met with an accident. She currently suffers from a 75% disability.
Thus, seeing the major disability percentage, the admission committee for medical courses had refused her MBBS admission. TOI reports that the Medical Council of India (MCI) and the Admission Committee for Professional Undergraduate Medical Educational Courses objected to Muskan’s eligibility and claimed that with her type of disability, she would not pass the suitability test for medical courses.
Giving relief to the candidate, the court observed that the MCI acted against its own regulations for adopting provisions of the law for the quota for disabled persons.
Having said that, the bench also clarified that "This order has been passed in the peculiar facts of the case… Order not to be treated as a precedent in any other case.”
While having a conversation with Ahmedabad Mirror, Rahul Sharma who had argued their case before the Gujarat High Court, informed, “SC allows the SLP of one of the disabled petitioners and directs the state to grant her admission. If admissions are closed, seats are to be adjusted in the next session. The plea by two other petitioners will come up for hearing this week. We had lost the case in the high court.”
Medical Dialogues had reported about the high court session of the disabled MBBS aspirants. Three students with disabilities had challenged a denial of admission to medical colleges by the Admission Committee for Professional Undergraduate Medical Educational Courses.
The admission was denied as the medical board held that they were not fit to pursue the course, having more than 40 per cent disability. A person with less than 40 per cent disability is considered fit for admission.
A division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi rejected the students’ petitions, and thus upheld an amendment to Rule 6 in the state government’s Fixation of Fees Rules.
The rule deals with the constitution of a medical board to reassess if a disabled person can take admission to a medical course.