I want to share another case of neglect and improper application of disability laws, against persons with disabilities rather than in favour of.
The girl, Pooja Dubey, quite brilliant though, has been denied admission on the grounds of her 80% degree of disability. While a national institute has declared her fit, the authority do not believe it. The girl emphasizes that the degree is with respect to the disability (Post Polio Residual Paralysis) in her right leg only while she is competent to undergo the course, the medical institute argues that it is with respect to whole body!!!
Another excuse to disregard the Act! Though Mumbai High Court has asked for re-examination of the candidate and the possibilities are that she will be taken in as the same institute has already declared her fit to undergo the course before appearing for the entrance test! I am concerned that the Learned Judges went on to ask her that what she will do in emergency - raising a question on her abilities ! I feel the courts should refrain from such targeting questions when her assessment on record confirms her capabilities.
Here is the news
HC asks medical body to decide disabled candidate
Mayura Janwalkar Tuesday, September 30, 2008 03:20 IST
Pooja Dubey was denied admission due to a handicap in her right leg.
Pooja Dubey, 17, moved the Bombay high court after being denied admission in the MBBS course owing to a handicap in her right leg. She probably drew hope from the case of Dr Saroj Yadav who despite the same handicap in her arm was allowed a post-graduate seat in the radiology faculty by the court earlier this month.
Although Yadav left the court premises with all hurdles on her way to becoming a radiologist removed, Dubey’s fate still remains uncertain. The case of Mira-Road resident Dubey is, however, not identical to that if Yadav. Dubey who suffers from post polio residual paralysis of her right limb between her thigh and her knee, secured the 15th rank among handicapped candidates in the medical CET conducted in May this year.
She and her father Bhanu Prakash Dubey hit the panic button after her name did not appear even on the second list of selected candidates issued in August. Her father had written several letters to the Directorate of Medical Education and Research (DMER). He also submitted a certificate from the All India Institute of Physical, Medical and Rehabilitation stating that Dubey was fit to undergo training in the Health Science course that she had opted for.
However, the DMER had refused her admission on the ground that the percentage of her disability was 80%. As per the DMER and the Medical Counsel of India, a disability of more than 40% and less than 70% was permissible for pursuing a medical course.
Dubey’s advocates Mayur Khandeparkar and Swapna Kode contended that she had been examined by the medical board of the DMER prior to seeking admission and nowhere during the admission procedure was Dubey informed that she was ineligible to pursue the course.
After hearing the case on Monday, chief justice Swatanter Kumar and justice SA Bobade directed the DMER to reassess Dubey’s case and disposed off the petition. “If the competent authority (DMER) is saying that the disability can hamper your (Dubey’s) performance, how can the court say otherwise?” Kumar said. He asked, “What will you do in case of emergency?” Dubey’s dream of becoming a doctor, now hinges on the decision of the DMER that has to re-consider her case in a week’s time.
Khandeparkar told the court that Dubey under the Persons with Disabilities Act, 1995, had a right to seek admission to the course. He added that her left leg was fully functional and the 80% disability, as stated by the DMER, was restricted to her right leg. Bobade, however, remarked that the percentage of disability was not just restricted to the affected organ but was with reference to the whole body.