Court Directs Admission of Differently Abled to MBBS

Eklavya Overseas. December 15, 2019

In a shining example of justice and upholding law and order, the Supreme Court made a ruling in favour of two visually impaired students to be admitted into MBBS courses of their choice after they were prevented from securing admission despite clearing entrance tests with meritorious results in NEET. Following suit, in a path breaking and exemplary ruling, the Delhi High Court also cleared the admission for students with learning disabilities, hearing problems and blood disorders into MBBS courses of their preference after their candidature was initially disqualified by the Medical Council of India citing grounds of competence and similar issues. Despite having qualified after clearing NEET successfully they were prevented from attending the counselling process for selecting a suitable college that offered them admission in a MBBS course in a stream of medicine of their choice.

The Judge clearly cited the Disabilities Act provided in a clause in the Constitution of India which clearly advocates preventing a disabled person from equal opportunities liable to be a criminal offence punishable by law and instructed governing bodies to continue with the Counselling process for the concerned handicapped students. Their admissions were previously discarded and rejected in accordance with a presiding MCI guideline which restricts candidates with similar disabilities from pursuing a career in medicine or availing the 5% reservation quota for candidates with such physical disabilities. However, a panel judges headed by a bench led by Justice Chawla and Justice Bhat revoked this guideline as abhorrent and a violation of rights provided to Indian citizens by provisions in the supreme Constitution of India and over ruled their decision by instructing the petitioning students to be admitted into colleges of their choice as they deemed to be legitimate candidates for becoming a doctor.

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