Wednesday, October 12, 2011

Bombay & Chennai HC allow admission to disabled students in MBBS

Dear Friends,

In two different cases, the Bombay and Chennai High Courts have directed the MCI to give admission to students with disabilities in MBBS course. Here are both the cases:

Case No. 1 at Mumbai

Published: Thursday, Aug 5, 2010, 1:44 IST
By Mayura Janwalkar | Place: Mumbai | Agency: DNA  

Just days after it told the state government that the latter needed to change its mindset in accommodating the disabled, the Bombay high court on Wednesday directed the state to grant a 19-year-old physically challenged student provisional admission to an MBBS course.

Khan Mohammed Tarique Mehmood, who has a lower limb disability, had moved the high court after he was denied admission to the course in the physically handicapped category.

The Director of Medical Education and Research (DMER) had refused admission to Mehmood on grounds that he suffered from a disability of more than 75%. As per the Medical Council of India (MCI) rules, a person with locomotive disability of lower limb (more than 50%) can not apply for MBBS.

However, in his petition before the court, Mehmood had contended that his disability was certified as 50% by the All-India Institute of Physical Medicine and Rehabilitation (AIIPMR). Moreover, Mehmood had also stated that he stood seventh in the state in the handicapped category in the common entrance test conducted by the government.

According to Mehmood, the DMER’s decision was contrary to the certificate issued by the IIPMR, which is a central government institute named in the DMER’s admission brochure. A bench presided by chief justice Mohit Shah admitted the petition and granted provisional admission to Mehmood in an interim order.

On August 2, the court granted provisional admission to a visually challenged girl who wished to pursue a career in physiotherapy.

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Case No. 2 at Chennai


Disabled girl wins court battle for MBBS admission
TNN Oct 2, 2011, 03.31AM IST

CHENNAI: In a major victory, P Divya of Royapuram has won a court case which will now enable disabled students across the state - other than those with locomotor disability in the lower limbs - to seek admission for an MBBS course. The Madras high court has directed the directorate of medical education (DME) to provide Divya admission to the MBBS course for this year.

After applying for a medical seat under the special category (orthopaedically physically disabled), Divya attended counselling on June 30, 2011. Medical council of India (MCI) regulations stipulate that only people with 40-70% locomotor disability in the lower limbs are entitled to 3% reservation for MBBS admission under the Persons with Disabilities Act (Equal Opportunities, Protection of Rights and Full Participation Act), 1995. Though she produced a disability certificate from the regional medical board, government hospital, Chennai, it was not accepted by the selection committee.

"They did not give us a proper reason for rejecting her so we filed a writ petition," counsel for petitioner R Prabhakaran said. When the petition came up in the HC, Justice D Hariparanthaman had directed DME to ascertain Divya's disability and also ordered that one seat be kept vacant. She was sent to another regional medical board at GH, which gave a certificate on July 19.

This certificate said she suffered from a spinal deformity due to which she had a torso imbalance and a total physical permanent disability of 46%. If the certificate was read to the effect that Divya suffered locomotor disability above 40%, she was entitled to admission under the 3% reservation category, he added.

Passing orders, Justice D Hariparanthaman said the reservation provided only to persons with locomotory disability in the lower limbs was in violation of the Persons with Disabilities Act. He quashed the notification and directed MCI to include other categories of disabled persons, more particularly those with disabilities above 40% in its regulation.

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