Gujarat HC: He can’t flip his hand but that doesn’t mean he can’t study MBBS
TNN | Jul 25, 2019, 08.05 AM IST
AHMEDABAD: In an important judgment, the Gujarat high court has overturned the decision of the medical board disqualifying Rajkot’s Harshil Upadhyay from participation in medical admission, because he cannot flip his right hand.
While quashing the medical expert’s opinion that Upadhyay is not fit to perform a doctor’s work, Justice Bela Trivedi reminded the government of the ideals of the Disabilities Act and said that it should “endeavour to provide inclusive education to the children with disabilities. The authorities should take all measures to enhance the object of the benevolent legislation by interpreting the provisions of rules and regulations to ensure that the persons with disabilities enjoy the right to equality and the life with dignity.”
Upadhyay is diagnosed with locomotor disability with right hand being affected with bilateral radio ulna synostosis. This restricts supination and pronation of his right hand. The medical board as well as the appellate board said that because of the primary impairment, he would suffer from a mechanical disadvantage to the muscles of the wrist that makes the hand functions difficult. This would hamper his motion rendering him ineligible for performing a doctor’s work.
The student challenged the expert’s decision before the HC, and his advocate Sudhir Nanavati stressed on the provisions of the law that Upadhyay was adjudged 55% disabled, which falls in the benchmark disability – 40% to 80%. Any candidate falling under this range disability is eligible for admission under the quota meant for the physically handicapped.
The state government vehemently opposed Upadhyay’s case and insisted that his case falls under the category which is held as unsuitable for a particular task. It maintained that with disability in his hand, Upadhyay cannot perform all jobs of a doctor. Advocate Nanavati countered this argument by submitting that Upadhyay may not be fit to perform a surgery, but there are various faculties in the field of medicine, he can pursue. His prospects cannot be curtailed only on the ground that he is not suitable for the career of a surgeon.
After hearing the case, the HC quashed the board’s decision which had held Upadhyay unsuitable for a doctor’s work and ordered the admission committee to grant him admission in MBBS under the quota for disabled on basis of his merit.
TNN | Jul 25, 2019, 08.05 AM IST
AHMEDABAD: In an important judgment, the Gujarat high court has overturned the decision of the medical board disqualifying Rajkot’s Harshil Upadhyay from participation in medical admission, because he cannot flip his right hand.
While quashing the medical expert’s opinion that Upadhyay is not fit to perform a doctor’s work, Justice Bela Trivedi reminded the government of the ideals of the Disabilities Act and said that it should “endeavour to provide inclusive education to the children with disabilities. The authorities should take all measures to enhance the object of the benevolent legislation by interpreting the provisions of rules and regulations to ensure that the persons with disabilities enjoy the right to equality and the life with dignity.”
Upadhyay is diagnosed with locomotor disability with right hand being affected with bilateral radio ulna synostosis. This restricts supination and pronation of his right hand. The medical board as well as the appellate board said that because of the primary impairment, he would suffer from a mechanical disadvantage to the muscles of the wrist that makes the hand functions difficult. This would hamper his motion rendering him ineligible for performing a doctor’s work.
The student challenged the expert’s decision before the HC, and his advocate Sudhir Nanavati stressed on the provisions of the law that Upadhyay was adjudged 55% disabled, which falls in the benchmark disability – 40% to 80%. Any candidate falling under this range disability is eligible for admission under the quota meant for the physically handicapped.
The state government vehemently opposed Upadhyay’s case and insisted that his case falls under the category which is held as unsuitable for a particular task. It maintained that with disability in his hand, Upadhyay cannot perform all jobs of a doctor. Advocate Nanavati countered this argument by submitting that Upadhyay may not be fit to perform a surgery, but there are various faculties in the field of medicine, he can pursue. His prospects cannot be curtailed only on the ground that he is not suitable for the career of a surgeon.
After hearing the case, the HC quashed the board’s decision which had held Upadhyay unsuitable for a doctor’s work and ordered the admission committee to grant him admission in MBBS under the quota for disabled on basis of his merit.
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