Supreme Court - Daily Orders
Pranay Kumar Podder vs The State Of Tripura on 12 September, 2017
Author: Chief Justice
Bench: Chief Justice, Amitava Roy, A.M. Khanwilkar
CA 4393/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4393 OF 2017
Shri Pranay Kumar Podder Appellant(s)
Versus
State of Tripura & Others Respondent(s)
CIVIL APPEAL NO.4394 OF 2017
O R D E R
This Court on 23rd March, 2017, had issued the following directions:-
“(I) The Medical Council of India shall constitute a Committee of experts that shall include the representatives of the Medical Council of India, experts from genetics, ophthalmology, psychiatry and medical education, who shall be from outside the members of the Medical Council of India. At this juncture, we must appreciably state that Mr. Vikas Singh, learned senior counsel, has submitted that the Court may say that the persons as experts who are to be taken from outside, shall be from the All India Institute of Medical Sciences (AIIMS), and the Post Graduate Institute of Medical Education and Research, Chandigarh.
(II) The Medical Council of India may also invite Mr. K.V. Viswanathan along with Mr. M. Signature Not Verified Shoeb Alam to assist them to take a view. Be it Digitally signed by CHETAN KUMAR Date: 2017.09.21 noted, Mr. Vikas Singh has gladly accepted the 14:39:00 IST Reason: suggestion.
(III) The expert Committee shall review the situation and take note of the prevalent conditions of the study and practice and suggest CA 4393/2017 2 changes for adoption in the medical course keeping in view the international practices.
(IV) The expert Committee shall also concentrate on diagnostic test for progress and review of the disorder and what are the available prosthetics aids to assist CVD medical practitioners and what areas of practice could they undertake without difficulty with these aids.
(V) The Committee shall meet within a period of three weeks and submit a report to this Court within three months hence.” In pursuance of the said directions, the Expert Committee has met. The recommendations of the Committee is to the following effect:-
“Taking into consideration the relevant details, analogy and observations that have been brought out by the learned Expert Members on the issue at end the Committee is pleased to recommend as under:-
Visual Disability By a suitable provision, it be incorporated in the Graduate Medical Education to the effect that a person with visual disability of category I and above shall not be eligible to pursue Graduate Medical Education.
In the same vein, testing of Colour Vision Deficiency by Ishihara test be compulsorily incorporated in the format of General Physical Examination of the Student, so that all medical students with suspect colour vision should be aware of severity of their deficiency before entering the medical course, and the kind of problems it may pose in the career they have opted.” The conclusion of the Committee reads as follows:-
“In view of our answer to Query I as 'NO', and as far as job of Expert Committee of being a facilitator of decision making of the court, the dispensation is accomplished. Colour Vision CA 4393/2017 3 Deficiency has to be looked in the context of Visual Disability. The Council has already taken up a position regarding Visual Disability, which is adopted by its competent authorities; however, the matter is pending consideration of Govt. of India.
To sum up the previous report alongside the present matter, we state that “In this context Colour blindness has been dealt adequately as an impediment but Colour Vision Deficiency does not have any embargo of any type whatsoever.” On being asked, Mr. Vikas Singh, learned senior counsel appearing for the Medical Council of India submits that the persons suffering from Colour Vision Deficiency shall be permitted by the Medical Council of India to undertake the examination and be admitted to M.B.B.S. course.
However, he would contend that certain guidelines are required to be framed in accordance with the report of the Committee for controlling the speciality and super-speciality courses as far as this category is concerned. There shall be some guidelines also pertaining to practice.
Mr. K.V. Vishwanathan, learned senior counsel assisting the Court as Amicus Curiae would fervently urge that the appellants who are two in number, should be allowed to take admission in respect of vacant seats of this year.
There is serious objection to the same by Mr. Vikas Singh, learned senior counsel for the Medical Council of India and Mr. Rituraj Biswas, learned counsel counsel appearing for the respondent Nos.2 and 3.CA 4393/2017 4
Appreciating the objections of the Medical Council of India and the college in proper perspective and keeping in view the transcendental importance of justice which is writ large in this case, we direct that the appellants shall be admitted in the M.B.B.S. course in the respondent No.2-College for the academic year 2018-2019 and the quota from the said year shall be reduced by two seats. We may hasten to add that we have used the words 'transcendental importance of justice', as it conveys that we are invoking our jurisdiction under Article 142 of the Constitution of India in the peculiar facts and circumstances of the case.
The appeals are, accordingly, disposed of. There shall be no order as to costs.
..................CJI.
[Dipak Misra] ....................J. [Amitava Roy] ....................J. [A.M. Khanwilkar] New Delhi September 12, 2017.CA 4393/2017 5
ITEM NO.3 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No.4393/2017
PRANAY KUMAR PODDER Appellant(s)
VERSUS
THE STATE OF TRIPURA & ORS. Respondent(s)
WITH C.A. No.4394/2017
Date : 12-09-2017 This appeals were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE AMITAVA ROY HON'BLE MR. JUSTICE A.M. KHANWILKAR Mr. K.V. Vishwanathan, A.C. Mr. M. Shoeb Alam, Adv.
For Appellant(s) Mr. Arun Chandra Bhaumik, Sr. Adv.
Mr. K. V. Mohan, AOR Mr. K.V. Balakrishnan, Adv.
For Respondent(s) Mr. Chandra Prakash, AOR Mr. Rituraj Biswas, Adv.
Mr. Sujaya Bardhan, Adv.
Mr. Gopal Singh, AOR Mr. Rituraj Biswas, Adv.
Mr. Vikas Singh, Sr. Adv.
Mr. Gaurav Sharma, AOR Ms. Amandeep Bhatia, Adv.
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
Ms. Deepeika Kalia, Adv.
UPON hearing the counsel the Court made the following O R D E R CA 4393/2017 6 The appeals are disposed of in terms of the signed order.
(Chetan Kumar) (Shakti Parkash Sharma) Court Master Assistant Registrar (Signed order is placed on the file)