Based on the petition filed by an MBBS aspirant, the Delhi High Court directed the Centre and National Medical Commission (NMC) to explore, within six months, the possibility of candidates with physical disabilities, who were unable to pursue MBBS courses but were meritorious, being able to pursue some of the disciplines of medical education.
While hearing a petition filed by an MBBS aspirant with a locomotor disability concerning her admission to the MBBS course, a bench headed by Vipin Sanghi, Acting Chief Justice had passed the order.
In view of the report of an expert body who opined that the petitioner was not fit, the bench, also comprising Justice Navin Chawla, refused to grant any relief to the petitioner. The petitioner was said to suffer from the amputation of the thumb, index finger and part of the middle finger of her right hand.
The court had urged the authorities to look into the aspect of candidates such as the petitioner undertaking some disciplines of medical education, if not all, after stating that it cannot “sit in appeal over the opinion” of the experts. It also stated that it was “unfortunate that the petitioner who appears to be meritorious cannot pursue the course on account of her physical handicap".
"In view of the report of the committee, we find ourselves unable to grant any relief to the petitioner...for the reason that the assessment of the petitioner with regard to her ability to undertake the MBBS course and service as a doctor has to be left to the experts which has been done by experts from AIIMS," the court said.
"At the same time, we direct the respondents 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 advances in science and technology. Let the aspect be considered by respondent no 5 (National Medical Commission) in consultation with the centre in the next six months," it ordered.
According to the medical board of experts from Dr Ram Manohar Lohia Hospital, the petitioner was not eligible for admission to the medical course as the extent of her locomotor disability was assessed to be at 49 per cent.
The court had also subjected the petitioner to another medical examination by experts from the All India Institute of Medical Sciences.
