SC notice to Centre, MCI on plea by girl with disability for admission in MBBS

A bench comprising Justices L Nageswara Rao and S Ravindra Bhat issued notices to the government, Medical Council of India and others while seeking their replies on the petition.

The top court was hearing a plea filed by Rajasthan resident Shashi Kumari challenging High Court order dismissing her petition seeking admission in MBBS course despite clearing the National Eligibility cum Entrance Test.

The plea contended that the Certificate issued by the Safdarjung Hospital discriminates against the petitioner on the basis of their nature of disability, whereas she was fully capable to perform all the functions as a medical professional and thus would be eligible and entitled to admission in the Medical College.

It said the petitioner suffers from 48 per cent disability, as per the Rights of Persons with Disability Act, 2016 and is entitled to reservation as per the Act in the Educational Institution.

“To give effect to the provisions of the Act, the Medical Council of India in exercise of powers U/s. 33 of the Act, by “Regulation of Graduate Medical Education (Amendment) Act, 2019” brought an amended in “Regulation on Graduate Medical Education, 1997”.

“As per the amended regulation a “Person with Disability” would be eligible for reservation in the Medical Colleges, subject to only with the benchmark of disability provided for in the amended regulation,” the plea said.

It said that as certificate issued by Safdarjung Hospital, the petitioner has been stated to be suffering from “Rudimentary Left Thumb” and thus has been stated to be “Not Eligible” for admission in Medical/Dental Courses.

Advocate Gaurav Kumar Bansal, appearing for the petitioner, argued that due to the bar put forth by MCI, students having disability are not allowed to pursue their career in medical science.

He submitted that there is enough material on record that such students with disabilities are able to pursue their studies in medical science.