New Delhi: The High Court of Delhi recently directed the National Medical Commission (NMC) for exploring the possibility of allowing disabled medical aspirants pursue some of the disciplines of medical education within the next six months with due consultation with the Union Government.
Such observations came from the Delhi HC bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla while it dismissed a plea by a medical aspirant with locomotor disability seeking permission to pursue MBBS course.
While the bench could not provide any relief to the candidate after taking not of the opinion of AIIMS medical board, it noted, "At the same time, we direct the respondent to explore the possibility of candidates such as the petitioner being able to pursue some of the disciplines, if not all, of medical education considering the advancement in science and technology. Let this aspect be considered by the respondent no 5 (National Medical Commission) in consultation with Central Government in the next six months."
The High Court bench was dealing with the plea filed by a disabled medical aspirant. The candidate, who has her thumb, index finger and part of middle finger amputated, had secured provisional admission to the MBBS curriculum in Maulana Azad Medical College.
After the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, marked her disability at 45%, she approached the High Court.
Referring to her past record including sports activities, she claimed before the Court that in spite of the prevailing amputation, she could use her hand with full capacity.
Previously, during the course of hearing, the bench had directed RML Hospital to examine the candidate and consequently, the report by RML hospital dated March 17, 2022 concluded that the petitioner student's locomotor disability was around 49% and therefore she was not eligible for admission in medical courses.
Taking note of the fact that the eligibility guidelines prescribe both hands intact with proper sensation, enough strength and range of motion, the bench had earlier ordered, "The expression "both hands intact" used in the aforesaid regulation could be interpreted to be actual presence of both hands intact. They could also be interpreted broadly considering the fact that the regulations are part of a beneficial legislation, to include cases where both hands may not actually be intact but the person does not suffer from lack of essential functionality indicated of her duties either as MBBS student or doctor. We are therefore of the view that the Petitioner be subjected to another medical examination by a board of experts."
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As per the latest media report by Live Law, earlier the HC bench had directed AIIMS to examine the aspirant and assess if she could pursue MBBS education, become a MBBS doctor and discharge all essential functions associated with the role.
The counsel for the petitioner pointed out before the court that the Board's opinion was limited to the fact that the petitioner student would face difficulty in discharging her duties as an MBBS doctor and it had not opined if the petitioner would be able to undertake the MBBS course and become a doctor.
It was further argued by the petitioner student's counsel that with the advancement of science and technology, several branches of medicine do not even require the use of both hands for discharging duties of a doctor and with practice, the petitioner would also become able to fulfill her responsibilities related to the profession of a doctor.
However, the court could not provide any relief to the petitioner student as it pointed out that as per Article 226 of Constitution, the Court was unable to sit in appeal over the opinion of medical board.
"This is for the reason that assessment of the petitioner with regards to her ability to undertake the MBBS course and thereafter serve as an MBBS doctor has to be left to the experts in the way which has been done by experts of AIIMS," the HC bench was quoted saying by Live Law.
"It is unfortunate that the petitioner who appears otherwise meritorious cannot pursue MBBS course on account of her physical handicap," it added.
At this outset, the bench also directed the NMC and other concerned authorities to explore the possibility of such disabled candidates in pursuing some of the branches of medicine.
"At the same time, we direct the respondent to explore the possibility of candidates such as the petitioner being able to pursue some of the disciplines, if not all, of medical education considering the advancement in science and technology. Let this aspect be considered by the respondent no 5 (National Medical Commission) in consultation with Central Government in the next six months," noted the bench.
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