SC seeks response from Central regarding a petition submitted by a doctor with a locomotor disability

SC seeks response from Central regarding a petition submitted by a doctor with a locomotor disability

The Supreme Court has requested a response from the Central government and other relevant parties regarding a petition submitted by a doctor with a locomotor disability. The petition seeks admission into a postgraduate medical program under the Persons with Disabilities (PWD) category.

The phrase "locomotor disability" refers to various types of cerebral palsy or a condition affecting the bones, joints, or muscles, leading to significant limitations in limb movement.

A bench comprising Justices S Ravindra Bhat and Prashant Kumar Mishra has issued notices to the Ministry of Social Justice and Empowerment, the Union Health Ministry, the National Medical Commission (NMC), and other relevant parties. They are expected to provide their responses by September 11 in relation to the plea filed by a doctor with a locomotor disability who aims to secure admission in a postgraduate medical program under the Persons with Disabilities (PWD) category.

During the proceedings, the Supreme Court was considering a petition filed by Dr. Dharmendra Kumar, who is seeking admission to a postgraduate medical program under the Persons with Disabilities (PWD) category.

As per the regulations, individuals with disabilities ranging from 40 to 80 percent are eligible for medical course admissions under the quota designated for persons with disabilities. Those with disabilities exceeding 80 percent might also be considered on a case-by-case basis, with their functional capability assessed using assistive devices.

The petition raised concerns about the assessment of disability percentage based on a numerical scale. It argued that determining the exact percentage of disability can be subjective and can vary depending on the evaluator.

Advocate Gaurav Kumar Bansal, representing the petitioner, highlighted that the National Medical Commission (NMC) has adopted a "faulty and unscientific" methodology. This approach, according to Bansal, has resulted in numerous disabled medical aspirants being denied the opportunity to pursue MBBS and MD courses.

Bansal said two different government medical boards have not only provided two different percentages to the petitioner but also changed the nature of disability.

"As per Medical Board constituted to grant Unique Disability ID, Dr Dharmendra is having Locomotor Disability and is 45 per cent disabled. However, as per Medical Board authorised by NMC, Dr Dharmendra is having chronic neurological disability and is 55 per cent disabled. The NMC has rejected Singh's candidature from pursing MD course only on the basis of his disability," the lawyer said.

"It is submitted that Respondent No. 5 (Institute of Postgraduate Medical Education and Research) without providing or mentioning any reason has declared the petitioner ineligible from pursuing postgraduate medical course and as such the same is nothing but unreasonable, illegal and arbitrary and thus an act of discrimination against the petitioner," the petition says.

 

 

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