The Madras high court has upheld the legality of a Medical Council of India (MCI) regulation that says that people with 40% to 70% locomotor disability of lower limbs alone are eligible to be considered for MBBS admission under the special quota.
A division bench comprising Justice M Jaichandren and Justice M M Sundresh, allowing an appeal by MCI against a single judge order which held that students with all forms of disabilities should be considered for admission, said: "When the experts are of the view that certain categories of persons cannot perform the role of a student or a doctor, then it is well within the powers of MCI to restrict them based upon the said opinion. While this court has sympathy for disabled persons, the overwhelming public interest has to be seen, particularly when such persons cannot perform the role assigned to them."
It all started with a petition filed by S Divya, who is now studying in third-year MBBS thanks to an order of the court. In her petition, Divya, who suffers from a spinal cord disability, questioned the MCI regulation limiting the reservation benefit meant for disabled people only to those with locomotor disability of lower limbs of between 40% and 70%. Allowing her petition, a single judge in September 2011 directed MCI to extend reservation benefits to students with all forms of disabilities. The MCI then filed an appeal.
Setting aside the single judge order, the bench pointed out that the MCI regulation came about after detailed deliberations involving expert committees and consultations with specialists. Noting that they did not find any illegality in the method adopted by MCI, the judges said the single judge had gone beyond the scope of the petition when he issued directions to MCI asking it to include all disabilities for reservation benefits.
"Such a direction would lead to disastrous consequences. It is nobody's case that the disabilities which have been excluded would not stand in the way of the persons concerned performing their duties as students of medicine and thereafter as doctors. MCI is the best person to decide the issue," they said. The bench set aside the single judge's disagreement with MCI's classification of upper limb and lower limb disabilities.
The judges, however, did not disturb the admission of Divya, as she had completed two years of her studies. "By not allowing her to continue (studies) now, nobody would be benefited and the seat is also not going to be filled. It is also not in public interest," they said. The MCI is free to consider any other disability not specifically mentioned in the rules if, in its opinion, such disability is also required to be included for reservation benefits, they said.
A division bench comprising Justice M Jaichandren and Justice M M Sundresh, allowing an appeal by MCI against a single judge order which held that students with all forms of disabilities should be considered for admission, said: "When the experts are of the view that certain categories of persons cannot perform the role of a student or a doctor, then it is well within the powers of MCI to restrict them based upon the said opinion. While this court has sympathy for disabled persons, the overwhelming public interest has to be seen, particularly when such persons cannot perform the role assigned to them."
It all started with a petition filed by S Divya, who is now studying in third-year MBBS thanks to an order of the court. In her petition, Divya, who suffers from a spinal cord disability, questioned the MCI regulation limiting the reservation benefit meant for disabled people only to those with locomotor disability of lower limbs of between 40% and 70%. Allowing her petition, a single judge in September 2011 directed MCI to extend reservation benefits to students with all forms of disabilities. The MCI then filed an appeal.
Setting aside the single judge order, the bench pointed out that the MCI regulation came about after detailed deliberations involving expert committees and consultations with specialists. Noting that they did not find any illegality in the method adopted by MCI, the judges said the single judge had gone beyond the scope of the petition when he issued directions to MCI asking it to include all disabilities for reservation benefits.
"Such a direction would lead to disastrous consequences. It is nobody's case that the disabilities which have been excluded would not stand in the way of the persons concerned performing their duties as students of medicine and thereafter as doctors. MCI is the best person to decide the issue," they said. The bench set aside the single judge's disagreement with MCI's classification of upper limb and lower limb disabilities.
The judges, however, did not disturb the admission of Divya, as she had completed two years of her studies. "By not allowing her to continue (studies) now, nobody would be benefited and the seat is also not going to be filled. It is also not in public interest," they said. The MCI is free to consider any other disability not specifically mentioned in the rules if, in its opinion, such disability is also required to be included for reservation benefits, they said.
Source : T.O.I , Chennai ( 26th April 2013 )
No comments:
Post a Comment