The resolution of Medical Council of India that the disability must be between 40 per cent and 70 per cent to be eligible for admission and for seeking a seat reserved for candidates with physical disability itself is faulty. The degree of disability is a medical model and can not be a conclusive reason to declare what a person with disabilities can do or not do. Then we have highly subjective disability evaluation system wherein two different doctors give different grading of disability to the same person. A person with 71% will thus be technically outrightly rejected for the wrong assessment due to subjectivities involved.
Hon'ble High Court may have given the benefit to the petitioner in the instant case, however, technically even the bench is not competent to decide on the degree of disability, unless doubting the State Medical Board's assessment, it ordered for re-constitution of Medical Board which gave an otherwise recommendation on it.
At the most, the bench could have expressed its opinion on the discernible abilities of the petitioner observed by them and ordered accordingly. I feel, getting in to guess work of percentage of disabilities is like falling in to the trap of 40-70 percentage set out by the improper and unreasonable resolution of the MCI which is not supported by the disability legislation in the country. This classification has been created by MCI of its own which doesn't stand the test of law.
Here is the news coverage:
Reconsider admission of physically disabled student: HC
A special medical board set up by the state government had found the student unfit for health science courses and ineligible for a seat under the physically disabled quota as his disabilities stood at 88 per cent.
Written by Ruhi Bhasin | Mumbai | Published on:June 26, 2015 2:50 am
Noting the movements of a physically disabled student inside the courtroom, the Bombay High Court has directed the state government to consider his admission in the first of year MBBS course. The student was earlier denied admission under the physically handicapped quota.
“He (petitioner) has been walking with braces and having seen his physical movements in the court room, we are of the view that his disability cannot be assessed as 88 per cent. His case should be considered for admission to the first year MBBS course on the basis that his disability is between 50 per cent and 70 per cent ,” said Chief Justice Mohit Shah and Justice A K Menon.
Earlier, a special medical board set up by the state government had found the student unfit for health science courses and ineligible for a seat under the physically disabled quota as his disabilities stood at 88 per cent. While under the Medical Council of India resolution, the disability must be between 40 per cent and 70 per cent to be eligible for admission and for seeking a seat reserved for candidates with physical disability.
The HC, however, directed the state government to consider his case on the basis of his marks obtained by him in the common entrance, MH-CET, 2015, for admission to first MBBS course in a seat reserved for physically handicapped.
The student had sought admission to the first year MBBS course in the Government Medical College in a seat reserved for physically handicapped on the ground that his disability is between 50 percent and 70 percent.
He was born on March 18, 1996 and had been suffering from congenital disability involving both the lower limbs due to Bilateral Congenital Dislocation (CHD) of hip and Congenital Talipes Equinovarus (CTEV).
From 1996 to 2004, his father who is a doctor, provided him with treatment and care, including multiple surgeries and physiotherapy.
The boy underwent five surgeries on the deformities and the correction was carried out to the extent that there is no more dislocation of the hip joint.
There were, however, restrictions to the hip joint while doing physical activities of the lower limb. Pooja Thorat, the petitioner’s lawyer, informed the court that the special medical board has examined him without wearing braces. “He, infact, was wearing braces even while studying in school and was himself commuting from his residence to the school,” the lawyer had submitted.
Source: Indian Express