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Wednesday, October 16, 2024

NEWS TODAY 16.10.2024

23 govt docs get HC relief on age of retirement

16.10.2024

Mumbai : In an interim relief to 23 govt doctors, the Bombay High Court on Tuesday directed that they can continue in service until they reach the retirement age of 60. However, this relief is subject to the outcome of a petition they filed. A division bench of Justices A S Chandurkar and Rajesh Patil passed the interim order on a petition filed by Dr Rajani Karhade and others. Through advocate Abhijeet Desai, the doctors challenged an order of the Maharashtra Administrative Tribunal that granted them no relief in their plea against a state decision on retirement age.

In 2022, retirement age of medical officers across the state was extended from 58 to 60 years, but the relief was restricted to those who retired prior to 31.05.23. After that date, doctors would continue to retire at 58, which the petitioners claimed arbitrarily flouted their fundamental right to equality, arguing it created a class within a class without any rationale. HC will hear the matter next on Nov 26.

Leopard found electrocuted after climbing transformer

TIMES NEWS NETWORK 16.10.2024

Bhilwara : A leopard was found electrocuted with an electric transformer installed at a farmer’s field in Girdharpura village, located in Badnor Panchayat Samiti of Bhilwara district, on Tuesday. Farmer Deepnath discovered the dead leopard perched on the electric transformer installed close to his well in the agriculture field. The foul odour emanating from the decomposing animal alerted Deepnath to the incident. He informed the electricity department technician and the forest department about the situation. Forest guard Bhairulal Gurjar said that the leopard appeared to have died two days prior, likely due to electrocution while attempting to hunt near the transformer.

The electricity and forest departments collaborated to remove the deceased leopard from the transformer. Bhilwara's forest depart ment DFO, Gaurav Garg, confirmed receiving information about the incident in Girdharpura village. Officials were dispatched to the site to investigate the matter, which initially appears to be an accidental death. The specific circumstances leading to the leopard's contact with the transformer are under investigation.

Meanwhile, in Bhilwara city, residents of Sanjay Colony reported a jackal moving through the streets, causing fear among the locals. Some individuals in Bans Gali even captured video footage of the wandering jackal. Concerned for their children's safety, residents informed the forest department to capture the animal.

Battling odds: Tribal student’s MBBS dream hits fund hurdle

TIMES NEWS NETWORK 16.10.2024

Hyderabad : Pusam Ashok has beaten the odds to secure a seat for MBBS. But he has now hit a fresh hurdle. Ashok has no money to turn his dream into reality. The 18-year-old from the Gond tribal community hails from Marapaguda village of Narnur mandal in Adilabad. Though he has paid a part of the amount to finalise his seat at TRR Institute of Medical Sciences in Patancheru, Sangareddy, he still needs at least ₹2 lakh more this year for hostel accommodation and other expenses. The first year MBBS classes will begin in the next couple of weeks and Ashok said he has to pay the amount by then. Though he has approached the Integrated Tribal De velopment Agency (ITDA) in Utnoor for financial help, it is yet to come.

The tribal community is also looking at ways to help him financially, he said. “I am so close to realising it my dream, but the fund crunch has come as a big challenge for me,” Ashok told TOI. To save money for his studies, Ashok is now working in his agricultural field so that the family does not have to spend money on farm labourers. “I am not ashamed of doing hard labour as that is what Ihave been doing for years and helping my family,” he said. His mother Pusam Bijalabai and father Pusam Seetharam did not receive any education.

“In fact, they do not know what MBBS is. I myself did not know about it until I was in class 10,” Ashok said. Ashok studied in tribal welfare institutions both at school and in Intermediate. “We were coached well on how to prepare for the entrance at our college,” he said, adding that he secured an All India rank of 2,88,636 in NEET and a state rank of 7,510. Ashok’s dream is to serve tribals in Agency areas as a doctor.

Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme Court

LIVELAW NEWS NETWORK

15 Oct 2024 1:48 PM

The Supreme Court on Tuesday (October 15) held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that candidate is incapacitated from studying the MBBS course.

Mere quantification of the disability will not disbar a candidate and the capacity to pursue the course has to be examined by the disability assessment board.

The negative opinion of the disability assessment board is not final and can be reviewed by the judicial bodies till appellate forums are created, the Court added.

"Mere existence of benchmark disability will not disqualify a candidate from being eligible for the course. The disability board assessing the disability of the candidate must positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course. Disability board should also state reasons in the event it concluding that the candidate is not eligible in pursuing the course. Pending creation of appellate bodies, the negative opinion of the disability assessment boards would be amenable to challenge in judicial review proceedings. The Courts seized of the matter should refer the candidate to any premier medical institute having facility for an independent opinion and relief to the candidate would be granted or denied based on the opinion of the said medical institution," the Court held.

A bench comprising Justices BR Gavai, Aravind Kumar KV Viswanathan was pronouncing the judgment in a petition filed by a candidate with 40-45% speech and language disability seeking MBBS admission. On September 18, the Court had passed an order allowing the candidate MBBS admission after a medical board constituted by the Court opined that he could pursue medical education. Today, the bench delivered the detailed judgment giving reasons for its order.

The petitioner challenged the Graduate Medical Education Regulation, 1997 which barred persons with equal to or more than 40% disability from MBBS course.

Mere existence of disability will not disqualify the candidate : SC

The judgment pronounced by Justice Viswanathan held that "merely because the quantification of disability for speech and language is 40% or above, a candidate does not forfeit his right to stake a claim for admission."

The judgment held that such an interpretation would render the Graduate Medical Education Regulation "overbroad" for treating unequals equally.

"A constitutional court examining the plea of discrimination is mandated to consider whether real equality exists. The Court should not be carried away by a projection of facial equality," Justice Viswanathan read out from the judgment.

The Court held that the regulation, at first blush, may appear to be non-discriminatory as it was uniformly barring all persons with 40% or more disability. However, a Court of law has to probe whether beneath the veneer of equality, is there any breach of Article 14.

The Court expressed the hope that in the revised regulations and guidelines which the National Medical Commission will issue, an "inclusive attitude" will be taken towards persons with disability from all categories, based on the concept of "reasonable accommodation" recognized under the Right of Persons with Disabilities Act 2016. In this regard, the Court commended the Union of India for the communication issued by the Ministry of Social Justice to the National Medical Commission.

The approach of government instrumentalities and private entities should be how best they can grant an opportunity to candidates with disabilities and the approach should not be to how to disqualify them, the Court reminded.

The concept of "reasonable accommodation" would compel the Court to interpret the Regulations in a manner that furthers the objectives of the Rights of Persons with Disabilities Act.

The mandate of the law is to ensure the full and effective participation of persons with disabilities in society as equal citizens.

Disability assessment boards must apply mind

The judgment further held :

"Disability assessment boards are not just monotonous automation to just look at the quantified benchmark disabilities as set out in the certificate of disability to cast aside a candidate. Such an approach would be antithetical to Articles 14 and 21 of the Constitution and all canons of justice, equality and good conscience.

The Disability assessment boards are obliged to assess the further question as to whether the candidate, in the opinion of the experts, would be eligible to pursue the course or in other words whether the disability will or will not come in the way of the candidate pursuing the course in question."

The judgment also referred to some "illustrious sons and daughters of India" who have braved adversities and achieved great achievements overcoming disabilities. Bharatanatyam dancer Sudha Chandran, Arunima Singh who climbed Mount Everest, prominent sports personality Boniface Prabhu, Dr.Satendra Singh founder of "Infinite Ability" were mentioned as some of the shining examples of illustrious individuals from India.

"The word would have been so much poorer if Homer, Milton, Mozart, Beethoven, Byron and many more would not have been allowed to realize their full potential," the judgment stated in its concluding part.

The Court directed that the candidate be admitted to the seat, which was earlier directed to be kept vacant.

A bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan was hearing a challenge against the order of the Bombay High Court which denied interim relief against the cancellation of the admission to the MBBS Course.

Before the High Court, the petitioner challenged the 'Graduate Medical Education Regulation, 1997' framed by the Medical Council of India holding that persons with equal to or more than 40% disability would not be eligible to pursue MBBS course. He contended that the regulations were contrary to Section 32 of the Right of Persons with Disabilities Act, 2016 and sought a declaration that such regulations were ultra-vires Articles 14, 15, 19(1)(g), 21 and 29(2) of the Constitution of India.

The petitioner before the bench submitted that his admission seat had been cancelled as he suffered from speech and language impairment of 44-45%. He submitted that he did not suffer from any 'functional infirmities or disqualifications' which would have caused hindrances in completing his education. The petitioner stated that the results of the Centralized Admission Process (CAP) Round 1 would be declared on August 30, while the High Court has inconsiderably adjourned the matter to September 19.

On September 2, the Court had directed the Dean, Byramjee Jeejeebhoy Government Medical College, Pune to constitute a Medical Board consisting of one or more specialists to examine whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course. Following the positive report given by the Court regarding the candidate's capability to undergo medical education, the Court allowed him admission.

During the hearing, the Court orally stressed the need for a more flexible and sensitive approach towards allowing medical education for persons with disabilities. The Court will release a separate judgment with detailed reasons.

Advocates S B Talekar, Pradnya Talekar along with Pulkit Agarwal (AoR) appeared for the petitioner before the Supreme Court whereas Advocate Gaurav Sharma appeared for the National Medical Commission.

Case Details: Omkar Ramchandra Gond v. Union of India & Ors SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39448/2024

Tamil Nadu Rain: IMD Issues Red Alert; 8 Flights, 4 Trains Cancelled Amid Heavy Showers In Chennai

Tamil Nadu Rain: IMD Issues Red Alert; 8 Flights, 4 Trains Cancelled Amid Heavy Showers In Chennai

News18.com

Last Updated: October 15, 2024, 19:33 IST

The IMD issued a red alert for parts of Tamil Nadu, predicting "isolated extremely heavy rainfall" for the next 24 hours along with warnings for "very heavy rainfall" on October 17 and 18Follow us:

Heavy rain lashed Chennai and other regions of Tamil Nadu on Tuesday, bringing residential neighbourhoods and roads under knee-deep water and leading to traffic congestion besides affecting public transport services.

The India Meteorological Department (IMD) issued a red alert for parts of the state, predicting “isolated extremely heavy rainfall” for the next 24 hours along with warnings for “very heavy rainfall” on October 17 and 18.