Order calls PwD student unfit to pursue MBBS- Supreme Court to hear plea, notice issued to NMC
Supreme Court of India
The petitioner, suffers from benchmark locomotor disability of muscular dystrophy in the lower limbs to the tune of 58 per cent
New Delhi: The Supreme Court has agreed to hear a plea by a PwD student enrolled in a MBBS course at a Bihar's government medical college, against an order that declared him ineligible to pursue the course.
According to PTI report, the bench of Justices B R Gavai and K Vinod Chandran issued notice to the college in Bettiah, Bihar, and others, including the National Medical Commission (NMC) for their responses on the plea within two weeks.
“Till then, the petitioner’s admission shall not be disturbed,” the bench ordered.
The petitioner, suffering from benchmark locomotor disability of muscular dystrophy in the lower limbs to the tune of 58 per cent, also sought a fresh re-assessment of his competency to pursue MBBS in accordance with the law laid down by the apex court and the NMC guidelines.
“The petitioner had already undergone two previous assessments for disability, both of which resulted in the issuance of valid disability certificates dated June 24, 2022 and August 31, 2024,” said the plea, filed through advocate Mayank Sapra.
It said the petitioner was directed for further reassessments, causing undue hardship and financial burden.
During the hearing, the counsel appearing for the petitioner said the student had complied with all the NMC norms and underwent two assessments in which he was found eligible to pursue MBBS course.
The plea said the petitioner was a successful NEET-UG 2024 candidate.
The petitioner, said the plea, was declared eligible to pursue medical course and he had even started classes in the college.
It said after about two months of joining the college, an office order was issued in December 2024, directing four students, including the petitioner, to submit a fresh disability certificate following verification of their respective disabilities at the Indira Gandhi Institute of Medical Sciences (IGIMS) in Patna.
The petitioner reported to IGIMS for his scheduled medical examination, it added.
The plea said on January 24, his college issued an order in which he was declared unfit to pursue the medical course.
“This decision was communicated without any explanation, detailed reasoning, or supporting medical inferences, leaving the petitioner in a state of confusion and distress,” said the plea, quotes PTI
While seeking a direction to quash the January 24 order, the student sought an appropriate compensation towards financial losses for the “arbitrary medical assessments” conducted by the IGIMS, Patna.
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