Delhi HC adjourns hearing on student’s plea seeking admission in medical courses under disability category – Times of India
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh posted the matter to January 28 as none of the respondent sides appeared in the matter and the lawyer for the petitioner apprise the court docket that no reply has been filed by the respondents in the matter.
The Court earlier had issued a discover and directed the Centre and others to file a reply in the matter.
The petition was filed by Baibhavi Sharma, who acknowledged that she falls under the individuals with disabilities (PWD) category with a selected disability ‘Left Congenital Transverse deficiency of elbow’.
Baibhavi Sharma’s legal professionals Indrajit Sinha and Mrinal Gopal Elker instructed the court docket that the petitioner has been an excellent pupil and has handed the senior college certificates examination in 2020.
The plea acknowledged that as per Medical Council of India gazette notification dated February 5, 2019, and May 14, 2019, for admission to Medical Courses in All India Quota, the petitioner was required to acquire a certificates of disability from the designated Centre.
The petitioner approached Safdarjung Hospital, New Delhi to acquire the certificates.
A certificates of Disability was issued by Safdarjung Hospital on November 11, 2020, whereby disability was specified as ‘left congenital Transverse deficiency of elbow’ with a share of 65 per cent, she acknowledged.
“This comes within the range specified in the amended general medical admission regulation of 1997 (As per the regulation the disability has to be within the range of 40-80 per cent). However, the concerned authority in the hospital concluded that petitioner is not eligible for admission in medical/ dental course as per MCI gazette notification subject to being otherwise medically fit due to upper limb Involvement,” the plea stated.
As a consequence, the petitioner even after passing the medical entrance check, will not be capable of get admission in the allotted faculty, stated the plea, including that the petitioner was knowledgeable by the faculty that she ought to take the admission by November 16, 2020, after submitting the required paperwork with the faculty.
The advocate had urged the court docket to direct the respondent Lady Hardinge Medical College to additional not give admission to some other pupil on the seat already allotted to the petitioner by provisional allotment letter dated November 6, 2020, throughout the pendency of the current petition.
It has sought a route to take care of standing-quo pertaining to the seat already allotted to the petitioner in phrases of letter i.e. provisional allotment letter spherical no.-1 dated November 6 throughout the pendency of the current petition.
The petitioner instructed the court docket that General Medical Admission Regulation 1997 was amended on 14 May 2019 whereby amendments in Guidelines concerning admission of college students with “specified Disabilities” under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course have been launched and put in impact. Under that tips, under the category of ‘Locomotor Disability’ (the kind of disability), it’s envisaged that an individual with a specified disability of a minimal vary of 40 Percent and a most vary of 80 p.c shall be eligible for the PWD quota in the admission for MBBS course. (ANI)
