New Delhi, March 12 : The Supreme Court Friday sought reply from the Centre and the Medical Council of India (MCI) on a plea filed by a girl suffering from 48 per cent disability and seeking admission in the MBBS course.
Petitioner, Shashi Kumari of Rajasthan, said as per the Rights of Persons with Disability Act, 2016, she is not only entitled to reservation in the educational institution, but also cannot be discriminated against.
After a brief hearing in the matter, a bench of Justices L. Nageswara Rao and S. Ravindra Bhat issued notice to the Centre, the MCI, the Director General of National Testing Agency and others.
Shashi Kumari had moved the top court challenging the Rajasthan High Court order, which declined to entertain her plea seeking admission in the MBBS course despite clearing the National Eligibility-cum-Entrance Test.
Advocate Gaurav Kumar Bansal, appearing for her, argued that as per the amended regulations, person with disability would be eligible for reservation in medical colleges, subject to only the benchmark of disability provided for in the amended regulation.
The plea cited that to give effect to the provisions of the Act, the MCI, in exercise of powers under Section 33 of the Act, brought in the “Regulation of Graduate Medical Education (Amendment), 2019” to replace “Regulation on Graduate Medical Education, 1997”.
The plea said: “In a certificate allegedly issued in exercise of powers under the amended regulation, by Asst. Professor, Central Institute of Orthopaedics, VMCC & Safdarjung Hospital, New Delhi, 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.”
Arguing that certificate issued by the Safdarjung Hospital discriminates against the petitioner on the basis of the nature of disability, the plea contended that she is fully capable to perform all the functions as a medical professional, and is therefore eligible and entitled to admission in the medical college.
The plea said the Rajasthan High Court failed to appreciate that as per Section 3 of the Rights of Persons with Disabilities Act, 2016 which talks about “equality & non-discrimination”, persons with disabilities enjoy the right to equality, life with dignity and respect of her integrity equally with others.
Bansal argued that due to the MCI bar, students having disability are not allowed to pursue their career in medical science. Citing enough material on record, he submitted that students with disabilities are able to pursue their studies in medical science.
“Direct the respondents to grant provisional admission to the petitioner in the college of her choice as per her rank in the merit list subject to the outcome of present Special Leave Petition,” the plea sought as interim relief.
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