Thallesmia Patient MBBS Admission: HC overturns Single bench order, denies admission
New Delhi: The Delhi High Court has dashed the hopes of a Thalassaemic student dreaming to become a doctor, by reversing an earlier ruling allowing an earlier ruling to join an MBBS course in Guru Gobind Singh Indraprastha University.
A bench of Justices Sunil Gaur and S Ravindra Bhat are believed to have found no 'factual basis in the order passed in September by a single judge that the aspirant Digant Jain had expectations that could be considered valid for him being accommodated under the amended disability quota rules of 2016.
HC also pointed out that though admission scheme was notified after the revision of rules, the university could not be held to ransom for not having implemented them same straight away for all categories of the disabled; as the nature of disability had to be evaluated by the committee, to decide upon the candidates suitability, towards a particular educational course. the court also observed
This court is of opinion that the other submission of the University and MCI with regard to the absolute nature of the cut-off date for admission, is substantial. The Supreme Court has emphasized on numerous occasions, through its several judgments that the timelines indicated by the MCI, (especially the cut-off date for admission) in its regulations (earlier 30th September, and now 31st August, of the concerned academic year) are absolute and inviolable.
The court made clear that in the absence of the committee taking a decision on which category of the disabled could be considered eligible for pursuing an MBBS course, Jain could not stake a claim to an MBBS seat.
Jain had earlier been allowed admission in the MBBS course under the disability category by a single bench order to the Indraprastha University for granting of admission to him in any of its three colleges. It had consented to the Thalassemia students stake for a seat, as his disability was one of the many recognized under the amended 2016 law.
The three medical colleges under the university are Vardhman Mahavir Medical College and Safdarjung Hospital, North Delhi Municipal Corporation Medical College and Hindu Rao Hospital and Dr Baba Saheb Ambedkar Medical College and Hospital.
The university had however argued that there was no category of PWD at the time of the 2nd round of counselling and that the admission deadline had long elapsed. It is argued by the MCI and the University that the learned single judge assumed that Digant was permitted to participate in the second round of counselling. It was argued that with the notification dated 09.08.2017, in fact, stated that there were no PH/PD vacancies as they had been reverted and added to the general quota. The mere fact that Digant attended the counselling meant nothing, because it did not confer him with any right or advantage. It was argued that in the absence of any clarification by the MCI or the Central Government about the status of thalassemia patients, and their entitlement to be considered for PH quota medical seats, Digant could claim no better rights than those who fell in categories of disability, and for whom there was similarly no clarity.
Thalassaemia, an inherited blood disorder, falls under the category of benchmark disability subsequent to the new Rights of Persons with Disabilities Act, 2016. The reservation for the disabled under the new disabilities Act, 2016 has been hiked from 3% to 5%.
Attached is the notification:-