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HC recommends handicapped student for admission to PG course- 2-Jul-2012

Mumbai: In a relief to a physically challenged student, the Bombay High Court has directed the Maharashtra government and authorities concerned to consider his admission to the post graduate medical course through in-service quota for the physically handicapped.
 
Admitting a petition filed by Dr Nandu Chandrabhan Wanve, Chief Justice Mohit Shah and Justice Nitin Jamdar, on June 26, said "we are inclined to grant interim relief to the petitioner on the basis of earlier judgements of this court".
 
The judges ordered the authorities to consider Wanve's case for admission to MD course in the in-service quota for physically handicapped candidates.
 
The petitioner had passed MBBS course and joined the Maharashtra Health Services in 2006 as adhoc medical officer and in 2009 he was selected by Maharashtra Public Service Commission for the post of Medical Officer.
 
Accordingly, he has been rendering service of Medical Officer in rural areas.
 
While seeking admission to MBBS course, he had applied in the category of physically handicapped candidates on the basis of certificate issued by Civil Surgeon, General Hospital in Osmanabad on December 17, 1990. In the certificate, he was shown to be physically handicapped due to post polio in the right leg and his disability was assessed at 50 per cent.
 
However, at the time when the petitioner's case came up for counselling for admission to MBBS course in 1996, he was informed that he was eligible for admission to MBBS course even in the open merit category on the basis of his marks and if he opted for open merit category, another candidate would get the seat reserved for physically handicapped.  

The petitioner recently applied for admission to the PG medical course in the 25 per cent seats reserved for in-service candidates. His name figured in the list of physically handicapped medical officers.
 
On the basis of the petitioner's placement in the said merit list, Wanve stands a good chance of securing admission to the PG medical course in the 25 per cent seats reserved for in-service candidates, the judges noted.
 
However, when the petitioner was sent to All Institute of Physical Medicine & Rehabilitation here, his disability was assessed at 85 per cent as per the certificate and the papers produced by Geeta Shastri, Assistant Government Pleader for the respondent authorities, the judges noted.
 
Pooja Thorat, Counsel for the petitioner, submitted that the aforesaid assessment made by the Institute was not in accordance with the norms and that only functional disability is required to be assessed.
 
She further argued that while assessing the functional capacity of the person with disability, the authorities have to take into consideration the aid of equipment like caliphers and that, therefore, the assessment of petitioner's disability without taking into consideration such aids will not be the correct assessment of disability.
 
The counsel submitted that the petitioner has non-progressive polio and his disability assessed at 50 per cent in 1990 and thereafter, again at 50 per cent at the time of his selection by MPSC in 2009 could not have been brushed aside by the respondents.
  
Counsel for the petitioner relied upon the orders passed by the High Court on March 12 and April 11 this year in other writ petitions wherein the court had referred to the errors being committed by the respondent institute.
 
For instance, the counsel pointed out, the High Court had noted in its order of April 11 while hearing a similar petition that the disability assessment was done in relation to the part involved and not in relation to the whole body.
 
Counsel for Medical Council of India (MCI) submitted that MCI Regulations for assessment of disability were made in the year 2000 and, therefore, the assessment of petitioner's disability in the year 1996 can be of no consequence.
 
Even if that be so, the fact remains that petitioner was considered for recruitment by MPSC on the basis of the assessment of his disability at 50 per cent in the year 2009.
 
After hearing the parties, the High Court said it was inclined to grant interim relief to the petitioner and asked the respondents to consider his case for admission to the post graduate course in seats reserved for physically handicapped candidates in the in-service quota.