MBBS admissions – Gujarat High Court turns down plea of disabled students

GNN | Aug 23, 2018, 6:11 PM IST|

• Students approach high court after medical board and appellate authority reject their case
• Students place reliance on the Right of Persons with Disabilities Act, 2016.

Ahmedabad, August 23. The Gujarat High Court on Tuesday (August 21) rejected a petition of three students with disability for admission in MBBS course under quota meant for the physically handicapped. The court said that the candidate may be meritorious, but the Gujarat Government has power to adjudge suitability of a physically challenged person to pursue medical studies.
GNN learns, the three students approached the high court after the medical board and an appellate authority rejected their case that they are suitable to pursue studies in medicine.
The first of these students Ganesh Baraiya from Talaja in Bhavnagar district is of a short stature with height of 109 cm. His disability has been adjudged at 72%. Second student Muskan Shaikh is from Vadodara, whose amputated hand left her 75% disabled. Third student, Hina Mevasiya from Jasdan town in Rajkot district is suffering from paraplegia with having disability in her left hand. She has been declared 50% disabled.
They placed reliance on the Right of Persons with Disabilities Act, 2016. A committee constituted under this law has said that all persons with physical disability between 40% and 80% are eligible for admission in medical courses.
Opposing the petitioners’ contentions, government pleader Manisha Shah submitted that MCI (Medical Council of India) has laid down guidelines about certain disabilities, which are not suitable for medical studies and profession. The Gujarat Government has authority to check suitability of candidate for this stream.
After hearing the case, the high court said the government was right in adjudging suitability of the candidates for the purpose of admission in MBBS.