Delhi High Court - Orders
Laxmi vs Union Of India And Ors on 1 September, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12653/2022 & CM APPLs. 38418-38419/2022
LAXMI ..... Petitioner
Through: Mr. Gaurav Kumar Bansal, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Bhanu Guptali, Ms.
Michelle B. Das and Ms. Ramanpreet
Kaur, Advocates for R-3/ NMC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 01.09.2022 W.P.(C) 12653/2022 & CM APPLs. 38418-38419/2022
1. Issue notice to Respondents. Mr. T. Singhdev, Advocate, accepts notice on behalf of NMC. Let counter affidavit be filed within a period of one week from today. Rejoinder thereto, if any, be filed within a period of three days thereafter.
2. Upon filing of process fee, issue notice to remaining Respondents, by all permissible modes, returnable on the next date of hearing.
3. Petitioner's grievance is that despite being a person with benchmark disability under the Rights of Persons with Disabilities Act, 2016 ["RPWD Act"], she has been declared ineligible to pursue post-graduate level medical course, on the basis of certificate of disability for NEET admissions dated 25th August, 2022, issued by Respondent No. 5 - Vardhaman Mahavir Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:01.09.2022 20:26:43 Medical College & Safdarjung Hospital, New Delhi (annexed as Annexure P-10) whereby she has been certified as a person with 100% disability.
4. Mr. Gaurav Kumar Bansal, counsel for Petitioner, submits that due to afore-noted assessment, Petitioner has been unfairly disallowed to seek admission in the concerned course, as her disability is shown to be more than 80%. He argues that Respondent No. 5 has failed to appreciate the notification dated 13th March, 2019 issued by Respondent No. 3- National Medical Commission ["NMC"] (in supersession of Medical Council of India) whereunder persons with more than 80% disability can be permitted on a case-to-case basis and their functional competency, in such cases, will be determined with the aid of assisted device, if used, to see whether the disability can be brought below 80%. Respondent No. 5 did not allow Petitioner to wear her calliper during assessment, and thus, determination of functional disability, without aid of assistive device, is incorrect.
5. At this juncture, Mr. T. Singhdev, counsel for NMC, has drawn the attention of this Court to Appendix IV of the Post Graduate Medical Education Regulations, 2000, which are guidelines regarding admission of students with specified disabilities for matters relating to admission in post graduate courses in modern medicine. Mr. Singhdev argues that the extent of specified disability in a person with disability ["PwD"] has to be assessed in accordance with prescribed guidelines, and if Petitioner's case was to be covered under specified locomotor disabilities on the ground of Poliomyelitis, "both hands should be intact, with intact sensations, sufficient strength and range of motion" in order to be eligible for admission to said course.
6. Mr. Bansal controverts the same and states that the above requirement Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:01.09.2022 20:26:43 is applicable only to cases of amputation, and not Poliomyelitis.
7. In the opinion of the Court, it would be appropriate to have a second opinion in respect of Petitioner's disability, to which Mr. Bansal also agrees. Accordingly, following directions are issued:
7.1 Director of AIIMS, Delhi is directed to constitute a board of three experts in the relevant field to assess Petitioner's disability and specifically discern as to whether she would be able to perform the functions expected from a post graduate specialist doctor and submit a detailed report to the Court in a sealed cover on or before the next date of hearing.
7.2 While assessing Petitioner's disability, the board shall take into consideration the aforenoted contentions raised by counsel for the parties as well as the guidelines/ notification dated 13th March, 2019. 7.3 For the above purpose, Petitioner shall present herself for medical examination before the board of doctors at AIIMS, Delhi on 05th September, 2022.
7.4 This order be communicated to Director of AIIMS, Delhi forthwith.
8. Re-notify on 14th September, 2022.
SANJEEV NARULA, J SEPTEMBER 1, 2022/d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:01.09.2022 20:26:43