29 November 2010
Ahmedabad, India
In an important decision, the Gujarat high court has directed the Saurashtra University, the PG medical admission committee and the Medical Council of India to enroll a candidate with upper limb disability to PG course. The high court has also held that MCI’s decision to change the criteria of disability for admission on reserved seats was ultra vires and does not adhere to the provisions of Disabilities Act.
As per the MCI’s amended guidelines of 2009 for reservation for students with disability, locomotory disabilities of lower limbs between 50–70% is the criteria for admission in MBBS and PG medical courses.
However, the upper limb should be functional and normal because it is required to elicit any sign during clinical examination, and finer movements are desired for conduct of surgical procedure. Deval Mehta from Surat suffered head injury in his childhood, which was diagnosed as right sided hemiparesis at level C4–C5 of the vertebrae.
The petitioner on diagnosis has been declared as physically disabled having 50% permanent physical impairment.
Mehta got admission in MBBS in physically handicapped category in a Surat medical college and got the degree last year. He applied for PG course in Saurashtra University and cleared the test.
However, the PG medical admission committee did not consider him eligible for admission against reserved seats in view of the MCI guidelines. Mehta approached the Commissioner for Disabled Persons, who requested the university to consider the case sympathetically. But after consulting MCI, the university declined the request.
Mehta then approached the high court and his case was heard at length by a bench headed by the chief justice. Mehta also questioned MCI’s decision to fix criteria of 50–70% disability, though the Centre Act prescribes 40–60% disability for reservation.
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