HC relief to 2 PG medical aspirants, NMC directed to Set up Appellate Authority to Address Disability Certificates Disputes
Punjab and Haryana High Court
Chandigarh: While considering the pleas by disabled postgraduate medical aspirants challenging the Medical Board's decision of declaring them 'unfit' for admission, the Punjab and Haryana High Court has directed the National Medical Commission (NMC) to ensure the creation an Appellate Medical Body to address disputes related to disability certificates for medical admissions.
"National Medical Commission is, hereby, directed to ensure the creation of Appellate Medical Body, so that instances of such cases do not arise in future," the HC bench comprising Chief Justice Sheel Nagu and Justice Sudhir Singh ordered.
The matter concerned two PG medical aspirants, who had applied for admission to the MS General Surgery course at Pt BD Sharma Post Graduate Institute of Medical Sciences (PGIMS), Rohtak, and the MD Radiodiagnosis course at Government Medical College, Patiala. Both of the candidates were denied admission as the medical boards found them 'unfit' and 'not eligible' to pursue the said courses.
While considering the matter, the HC bench relied on the Supreme Court order in the case of Omkar Ramchandra Gond Vs The Union of India and others, where the Apex Court had noted that pending the creation of the appellate body, decisions of the Disability Assessment Boards which give a negative opinion for the candidate will be amenable to challenge in judicial review proceedings.
Further, the Apex Court had mentioned that the HC had seized the matter in the judicial review proceedings and would refer the case of the candidate to any premier medical institute having the facility, for an independent opinion, and relief to the candidate will be granted or denied on the opinion of the said medical institute to which the HC had referred the matter.
Relying on this order, the HC bench had directed the Medical Superintendent of PGIMER, Chandigarh, to constitute a Board of Doctors to give an opinion as regards to physical fitness of both the petitioners for pursuing the courses of their choice.
PGIMER Board held that both the petitioners may pursue the PG medical courses in MS General Surgery and M.D. Radio Diagnosis as the disability suffered by them would not come in their way to pursue the said courses.
Taking note of this opinion, the Court allowed the petitioners to pursue the PG medical courses. Apart from granting relief to the petitioners, the Court also directed NMC to create the Appellate Medical Body, so that instances of such cases did not arise in future.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/punjab-and-haryana-hc-270514.pdf
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