MCI amendment on disabled violates fundamental rights: HC
Srikkanth.D@timesgroup.com
Madurai:20.05.2019
The Madurai bench of the Madras high court observed that the recent amendment by the Medical Council of India (MCI), barring people with more than 40% blindness for medical courses, is discriminatory and does not foresee the emotional impact of studying medicine with disabilities. The bench dismissed an appeal by the Tamil Nadu government against a single judge order to admit a blind student to a MBBS course in the state.
The court held that the arbitrary, sudden and unreasoned amendment to the notification is violation of Articles14 and16 of the Constitution of India and also the doctrine of legitimate expectation. “The subsequent amendment should not operate to the prejudice of the people with disabilities, particularly, when the person had qualified and cleared the eligibility criteria,” the court said.
The court also held that while framing the guidelines, doctors with disabilities ought to have been considered and the competency of a doctor with disability cannot be assumed, as unless it is experienced one may not understand the same. The court cited the example of Dr Y G Parameshvera of Karnataka, the first Indian blind doctor who had won several awards.
“It seems to be a difficult struggle for blind people to achieve what they want. The petitioner is not the first blind doctor and he can learn from the experiences of others. Being blind need not destroy one's dreams,” the court said, and added that it is painful to note that no time allowance is given to people with disabilities and they crack this tough competitive examination on a par with others. A division bench of Justice Pushpa Sathyanarayana and Justice T Krishnavalli were hearing the appeal by the state government against a September 2018 order directing the directorate of medical education (DME) to allot a seat to J Vibin of Tenkasi. Vibin was allotted an MBBS seat at Pudukottai medical college under the disabled quota based on his all-India rank of 285 after securing 220 marks in NEET.
His allotment order was issued on August 1. However, when he went to the college, he was asked to produce the disability certificate. When he produced the one issued by the government, which stated his disability as 75%, he was asked to produce a fresh certificate issued by the Madras Medical College (MMC).
At MMC, the certificate issued by doctors stated that he has 90% blindness, following which authorities declared him unfit to join the MBBS course. Subsequently Vibin’s father moved the court against the medical college’s decision and court ruled in their favour calling the attitude of the authorities a sad reflection of Kafkaesque mindset, unmindful of the harm that it may inflict on a person withdisability being denied of right to education.
Srikkanth.D@timesgroup.com
Madurai:20.05.2019
The Madurai bench of the Madras high court observed that the recent amendment by the Medical Council of India (MCI), barring people with more than 40% blindness for medical courses, is discriminatory and does not foresee the emotional impact of studying medicine with disabilities. The bench dismissed an appeal by the Tamil Nadu government against a single judge order to admit a blind student to a MBBS course in the state.
The court held that the arbitrary, sudden and unreasoned amendment to the notification is violation of Articles14 and16 of the Constitution of India and also the doctrine of legitimate expectation. “The subsequent amendment should not operate to the prejudice of the people with disabilities, particularly, when the person had qualified and cleared the eligibility criteria,” the court said.
The court also held that while framing the guidelines, doctors with disabilities ought to have been considered and the competency of a doctor with disability cannot be assumed, as unless it is experienced one may not understand the same. The court cited the example of Dr Y G Parameshvera of Karnataka, the first Indian blind doctor who had won several awards.
“It seems to be a difficult struggle for blind people to achieve what they want. The petitioner is not the first blind doctor and he can learn from the experiences of others. Being blind need not destroy one's dreams,” the court said, and added that it is painful to note that no time allowance is given to people with disabilities and they crack this tough competitive examination on a par with others. A division bench of Justice Pushpa Sathyanarayana and Justice T Krishnavalli were hearing the appeal by the state government against a September 2018 order directing the directorate of medical education (DME) to allot a seat to J Vibin of Tenkasi. Vibin was allotted an MBBS seat at Pudukottai medical college under the disabled quota based on his all-India rank of 285 after securing 220 marks in NEET.
His allotment order was issued on August 1. However, when he went to the college, he was asked to produce the disability certificate. When he produced the one issued by the government, which stated his disability as 75%, he was asked to produce a fresh certificate issued by the Madras Medical College (MMC).
At MMC, the certificate issued by doctors stated that he has 90% blindness, following which authorities declared him unfit to join the MBBS course. Subsequently Vibin’s father moved the court against the medical college’s decision and court ruled in their favour calling the attitude of the authorities a sad reflection of Kafkaesque mindset, unmindful of the harm that it may inflict on a person withdisability being denied of right to education.
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