Error in application form unintentional! HC Relief to PwD MBBS Aspirant
Mumbai: Granting relief to a disabled MBBS aspirant, who had inadvertently selected the 'no' option in the Persons with Disabilities (PwD) column of the online application form, the Bombay High Court has directed a Government Medical College in Maharashtra to admit him.
Due to the error in the application form, the candidate, who suffers from a locomotor disability to the extent of 40%, was not examined for his disability status.
Asking the medical college to admit the candidate, the Bombay HC bench comprising Justices Kamal Khata and M.S. Sonak observed that the subject of the rights of persons with disabilities should be approached from a human rights perspective, which recognises that persons with disabilities are entitled to enjoy the full range of internationally guaranteed rights and freedoms without discrimination on the grounds of disability.
"This creates an obligation on the part of the State to take positive measures to ensure that in reality persons with disabilities get enabled to exercise those rights. There should be an insistence on the full measure of general human rights guarantees in the case of persons with disabilities, as well as the development of specific instruments that refine and give detailed contextual content of those general guarantees. There should be full recognition of the fact that persons with disability are an integral part of the community, equal in dignity and entitled to enjoy the same human rights and freedoms as others," the Court observed.
Approaching the HC bench, the Petitioner sought directions on the authorities to admit him to the MBBS course against the PwD-OBC (PH) quota. He was provisionally admitted to the MBBS course at Government Medical College, Kudal, Sindhudurg, against the PwD-OBC (PH) quota.
The PwD candidates were directed to make appointments with any of the nearest/feasible centres out of the 16 notified centres to complete the admission process. Accordingly, the petitioner made an appointment at the Grant Government Medical College to certify his disability position.
However, on 12 August 2024, the Head Clerk of the Grant Government Medical College, J.J. Hosp Compound, orally informed the Petitioner that he could not be examined because his online application form dated 21 February 2024 reflects that he does not belong to the category of Person with Disability (PwD). This is because the Petitioner, in his online application form, against the column ‘If you are a PwD Candidate’, has selected the option ‘No’. In his plea before the HC, the petitioner contended that his indication of 'No' was an inadvertent error.
Even though there were two notices by the National Testing Agency (NTA) by which the candidates were allowed to correct any errors in the form, the petitioner contended that he was not even aware of the inadvertent error.
Based on the interim order dated 11.09.2024, issued by the Bombay High Court, the All India Institute of Physical Medicine and Rehabilitation (AIIPMR) examined the petitioner. Accordingly, the Disability Certification Board certified that the petitioner suffers from a 40% locomotor disability (Sensory motor demyelinating axonal poly neuropathy and therefore, he was eligible for admission to Medical or dental courses as per the NMC norms/guidelines.
Meanwhile, the counsel for the National Testing Agency (NTA) argued that the petitioner was unable to produce the PwD certificate after his provisional admission and therefore, the College to which he was allotted was not bound to admit him. He submitted that the petitioner procured the PwD certificate on 17 September 2024, which is beyond the prescribed cut-off date and therefore, no case is made for grant of any relief to the Petitioner. However, the Court did not agree with this contention.
Taking note of the arguments and the submissions, the HC bench noted,
"There was no justification for the Grant Government Medical College, J.J. Hospital Compound, not examining the Petitioner and issuing the necessary PwD certificate. The Grant Government Medical College, J.J. Hospital Compound, acted as if the provisions of RPwD Act, 2016 mean nothing. The aspects of ‘inclusive education’ and ‘reasonable accommodation’ were ignored by this institution. In such circumstances, the Petitioner, who is more in the nature of the victim, can hardly be made to suffer any further."
"Based on the interim order made by this Court on 11 September 2024, the other prescribed institution AIIPMR, promptly examined the Petitioner and concluded that he suffers from a 40% locomotor disability and therefore, eligible for admission to Medical or dental courses as per the NMC norms/guidelines. The contention about rules in the information brochure being mandatory have to be construed reasonably. The possession of the prescribed qualification or disability status is undoubtedly a mandatory requirement. However, proof or rather the mode of production of proof is directory," the HC bench further observed.
"In this case, it is not as if the Petitioner was indolent. The Petitioner did approach the Grant Government Medical College, J.J. Hospital Compound, as indicated above. Now that it is established that the Petitioner is indeed a PwD, there is no reason why his provisional admission ought not to be finalised," the Court opined.
Referring to the previous legal precedents, the HC bench noted that "Applying the above principles and observations to the undisputed facts of the present case, neither the NTA nor the State agencies may treat the petitioner harshly or unjustly."
"The error is bonafide and unintentional. The petitioner has neither secured any undue advantage nor misled any authorities. The explanation why the petitioner could not avail of the correction mechanism deserves to be accepted because it is similar to that which was accepted in the above case. The argument about any cascading effect does not hold good because the petitioner is already provisionally selected in the counselling rounds. The decisions relied upon by NTA are distinguishable, and in any event, there are other High Court decisions where bonafide and unintentional errors were permitted to be corrected," it opined.
Therefore, granting relief to the petitioner, the bench directed the authorities to confirm the provisional admission granted to the Petitioner at the counselling round held on 26 September, 2024 asking him to admit to MBBS course at GMC Kudal, Sindhudurg against the PwD-OBC (PH) quota for which he was already provisionally selected by the State Common Entrance Test Cell, Maharashtra, pursuant to the counselling round held on 31st August 2024.
"If, for any reason, there is any genuine difficulty (at least we do not see any difficulty and none was pointed out) to grant the Petitioner admission to the Government Medical College, Kudal, Sindhudurg, then the Petitioner must be permitted to participate in the next counselling round scheduled on 26 September 2024 and considered for admission to the MBBS course against the PwD-OBC (PH) quota," it added.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/bombay-hc-order-pwd-254393.pdf
