The decision was made on the basis of a report by the AIIMS, which concluded that the candidate can perform the functions expected of a postgraduate specialist.
The Senate of the Judiciary Sanjeev Narula, in a decision issued on September 14, stated that “a panel of experts was formed and they considered that the petitioner would be “capable of performing the functions expected of a postgraduate medical specialist…”.
In view of the fact that the petitioner fulfills the requirements, she is allowed to participate in the consultation for the postgraduate course in medicine.
The petitioner, Dr. Laxmi, a Divyang doctor, recently appealed to the Delhi High Court through lawyer Gaurav Kumar Bansal, where she challenged the VMMC Safdarjung College Medical Board’s Disability Certificate, which declared her unfit to study medicine.
The Bench has also issued notices to the Union Department of Social Justice, the Union Department of Health, the National Medical Commission, etc.
It has solicited their responses on the issue of establishing the high-level committee to re-evaluate the National Medical Council (NMC) policies regarding medical education for Divyang students by considering world best practices on the said issue.
Gaurav Kumar Bansal, advocate appearing for the Divyang doctor, argued that in 2017 the then Medical Council of India (now National Medical Commission) submitted its expert committee report to the Ministry of Health and Family Welfare, in which the NMC stressed the need for regular reviews . Evaluation of Medical Education Policies for Divyang Students.
Bansal also stressed that after that, in its 13th session, a Board of Governors also discussed the issue related to difficulties faced by Divyang MBBS students in admission to postgraduate medical education and as such made the decision that a committee must be formed which should assess suitability for the specific PG course that the Divyansh doctor might be taking.
Gaurav Kumar Bansal, lawyer for the Divyang doctor, argued in court that Divyang students often complain about discrimination and prejudice against them, so it is important to include doctors with disabilities in this committee to ensure non-discrimination.
In Divyang student disability assessment cases, NMC must assess the functional competence of Divyang students, and this should be determined through the provision of aids, rather than relying solely on those students’ disability percentage, Bansal argued before the court.
Previously, the petitioner claimed that VMMC Safdarjung College did not allow her to wear a caliper during the assessment and therefore the determination of a functional disability without the aid of an aid is incorrect. (ANI)