HC issues notice to Centre on medical aspirant's plea over admission under disability category
Dec 17, 2020
New Delhi [India], December 17 : The Delhi High Court on Thursday issued notice to the central government and others on a medical aspirant's plea challenging a certificate barring her from taking admission in medical courses under the disability category.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan asked the Centre and others to file a reply and listed the matter for further hearing on January 6, 2021.
The plea was filed by Baibhavi Sharma, who submitted that she falls under the persons with disabilities (PWD) category with specific disability 'Left congenital transverse deficiency of elbow'.
Advocates Indrajit Sinha and Mrinal Gopal Elker, the petitioner's lawyers, submitted before the court that the petitioner has been a very good student and has passed the senior school certificate exam in 2020.
The plea said that as per the Medical Council of India Gazette notification dated February 5, 2019, and May 14, 2019 for admission to medical courses in all India quota, petitioner was required to obtain a certificate of disability from the designated centre.
The petitioner said that she approached Safdarjung Hospital, New Delhi to obtain the certificate. However, it was submitted that a certificate of disability was issued by Safdarjung Hospital on November 11, 2020, wherein disability was specified as 'left congenital Transverse deficiency of elbow' with a percentage of 65 per cent.
"This comes within the range specified in the amended general medical admission regulation of 1997 (as per the regulation the disability has to be within the range of 40-80 per cent). However, the concerned authority in the hospital concluded that petitioner is not eligible for admission in medical/dental course as per MCI gazette notification subject to being otherwise medically fit due to upper limb involvement," the plea said.
As a result, the petitioner is now even after passing the medical entrance test, not able to get admission in the allotted college, the plea said, adding that the petitioner was informed by the college that she should take the admission by November 16, 2020, after submitting the required documents with the college.
The lawyers urged the court to direct the respondent Lady Hardinge Medical College to not give admission to any other student on the seat already allotted to the petitioner by provisional allotment letter dated November 6, 2020, during the pendency of the present plea.
The petitioner told the court that General Medical Admission Regulation 1997 was amended on May 14, 2019, whereby amendments in the guidelines regarding admission of students with "specified disabilities" under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS course were introduced and put in effect.
"Under the category of 'locomotor disability' (type of disability), it is envisaged that person with specified disability of minimum range of 40 per cent and maximum range of 80 per cent shall be eligible for PWD quota in the admission for MBBS course," the plea said.
