SC Grants Relief to Doctor denied PG medical admission in MD Community Medicine

The MBBS doctor Chinmoy Parthasarathi Bhattacharya approached the top court for relief after his admission to MD/ Community Medicine at Maulana Azad Medical College, New Delhi was denied because of his locomotor disability due to an accident.

Such a relief was ordered by the top court bench after the bench took note of the fact that the doctor even after the accident, the doctor successfully completed the MBBS course. The bench comprising of Justice L Nageswara Rao and B.R. Gavai further opined that "MD (Preventive & Social Medicine)/Community Medicine would not involve any interaction between the petitioner and patients."

The petition was filed by the doctor who met with a major road accident while pursuing his MBBS course from a medical college at Yavatmal, Maharashtra. Due to the accident, his left hand was amputated above the elbow. Thereafter, he completed his MBBS course and applied for admission to post graduate medical course.

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After securing a score of 290 in the NEET PG examination 2021-2022, the doctor became qualified under the General-persons with Disability category. Consequently, he participated in the Round-1 counselling conducted on 20.01.2022 and was offered admission at Maulana Azad Medical College, New Delhi in the All India quota seat reserved for PwD category in the MD (Preventive & Social Medicine)/ Community Medicine.

However, the petitioner doctor was denied admission in the view of the certificate issued by the All India Institute of Medical Sciences, Nagpur on 24.01.2022. In the certificate, it had been stated that the petitioner doctor had locomotor disability in view of amputation of his left arm. In the said certificate, it was mentioned that the petitioner doctor was not eligible for pursuing medical education due to "Involvement of Left Upper Extremity".

Following this, the petitioner doctor approached the Supreme Court.

The petitioner doctor contended that he has made a conscious choice of seeking admission to MD (Preventive & Social Medicine)/Community Medicine in view of his disability. It was further contended that the notification dated 13.03.2019 was misinterpreted for denying admission to the petitioner doctor in the PG medical course.

On the other hand, the National Medical Commission (NMC) argued that admittedly, the left arm of the petitioner doctor as amputated due to an accident in the year 2017 and in view of this, the petitioner doctor was not entitled for admission to the PG medical course. It was also argued that the petitioner doctor could not be admitted in the MD Preventive & Social Medicine/Community Medicine course as the disability might stand in the way of the petitioner doctor for performing his duties as a doctor.

Taking note of the facts concerned in the case, the Supreme Court bench comprising of Justices L. Nageswara Rao and B.R. Gavai opined that the doctor was entitled for admission in the PG course.

At this outset the top court bench noted, "Admittedly, the petitioner met with an accident when he was in his final year M.B.B.S. course and yet he successfully completed the course. MD (Preventive & Social Medicine)/Community Medicine would not involve any interaction between the petitioner and patients."

Disposing of the petition and providing relief to the petitioner, the bench ruled, "In the peculiar facts of this case, we are of the view that the petitioner is entitled for admission to post graduate course in MD (Preventive & Social Medicine)/Community Medicine for the Academic Year 2021- 2022. This order shall not be treated as a precedent. Ordered accordingly."

To read the top court order, click on the link below.

https://medicaldialogues.in/pdf_upload/supreme-court-mbbs-disabled-172187.pdf