Mumbai: The Bombay high court has refused the petition filed by a disabled student seeking admission to MBBS course. According to the petitioner, he doesn’t have two fingers on right hand and one finger of left hand, despite that he can do his regular work. The Medical Council of India (MCI) and state government have opposed the petition, saying as per the rule of MCI the petitioner should not be allowed to take admission to MBBS course.
The court while rejecting petition said we can’t ignore rules of expert bodies like (MCI) which are constituted for the admission of disabled students.
A division bench of Justice Naresh Patil and Justice G.S. Kulkarni was hearing petition filed by the disable student. According to the petition he wanted to take admission for the MBBS under the disability quota.
For the purpose of admission in accordance with the guidelines of the MCI the petitioner presented himself before special medical board, of JJ hospital. The team of experts examined the petitioner and they found that he was suffering from “Congenital Deformity BIL upper limbs”. The percentage of loco motor disability is 75 percent.
Assistant government pleader, V.N. Sagare and MCI counsel Ganesh Gole stated that in accordance with the MCI’s guidelines, the petitioner is not entitled to consider for admission to MBBS course as there is involvement of both upper limbs which disentitles the petitioner from participating in the examination process.
The court while rejecting the petition observed that “we can't accept such request. Apart from presumption of Constitu-tionality, we are of the opinion that the matters such range of disability are best left to experts. Once experts have determined such matters in the light of their expertise, it is normally not for this court to sit in appeal”.
