New Delhi, Nov 24, : On a plea challenging the validity of a notification that barred Disabled persons from pursuing Medical degrees, the Supreme Court issued notice to Centre (NMC) and the National Medical Commission (NMC).Advocate Gaurav Kumar Bansal appeared for a petitioner and argued that the NMC is discriminating against the Disabled section of society by not allowing students with disabilities to study.This is unreasonable, arbitrary and illegal.
After hearing arguments, a bench consisting of Justices L.Nageswara Rao, Hima Kohli, and others issued notice to Union government, NMC, and others on a petition filed by Anita Prakash Shinde.Anita Prakash Shinde was a student with disabilities who cleared NEETUG but was not eligible to pursue the Medical program due to NMC notification.
“In the present instance, the petitioner suffers a locomotor disability to a degree of 57%.Accordingly, row 1, column 5, of the appendix, H would allow for admission in Medical Courses and reservation in the PwD [persons with disabilities] Quota.However, column 3 states that the person should have both hands intact, with intact sense, sufficient strength, and range of motion’.”
According to the plea, the petitioner was stated to have “left wrist disarticulation” in a certificate that was allegedly issued by Assistant Professor Grant Government Medical College and Sir J.J.Group of Hospitals in Mumbai.Therefore, he is “not eligible” to receive admission to Medical/dental Courses.
A notification dated May 13, 2019 stated that a candidate must have both hands intact with intact sensations and sufficient strength and range to be eligible for Medical Courses.
The petitioner claimed that the authorities discriminated against her by denying her the chance to learn Medical science because of her disability.This was in violation of Section 3 of 2016’s Rights of Persons with Disabilities Act.
The petitioner filed a challenge to the Bombay High Court Order, which she was denied on February 8, 2021.
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