Rajasthan High Court held that MCI can distinguish Between Persons with Disabilities In MBBS Admissions
The Rajasthan High Court allowed the Medical Council of India (MCI) to distinguish between persons with disabilities for the purpose of admission in MBBS course.
On February 2, 2019, MCI promulgated the Regulation on Graduate Medical Education (Amendment), 2019 (the Regulation). As per Annexure H of the Regulation, candidates with locomotive disorder of upper limb disability or upper limb deformity are not eligible to pursue MBBS course.
Based on the Regulation, the Petitioner, Manohar Lal Swami, who had qualified NEET, 2019 Examination in the OBC (NCL) category under PWD quota, was denied admission to MBBS. The Petitioner has congenital left upper limb disability (40% benchmark disability) and does not have the left thumb.
Finding merit in the Respondent’s arguments that it was the duty of MCI to ensure that aspiring students possess minimum functional abilities/ competencies which are required to complete the training programme of MBBS satisfactorily and that the patients are also safe under the care of such medical graduates, the division bench of Justice Mohammad Rafiq and Justice Narendra Singh Dhaddha dismissed the petition.
The court concluded that”…the MCI can distinguish between various persons with disabilities for the purpose of admission in MBBS course and such determination by the MCI shall not be in conflict with the provisions of the Act of 2016″.