Bombay HC Asks Grant Government Medical College To Reexamine Student And Issue Fresh Disability Certificate

Coming to the rescue of a 17-year-old student with Locomotor Disability, who wants to pursue MBBS, the Bombay High Court on Monday directed the Grant Government Medical College (GGMC) to re-examine him and issue a disability certificate. Four fingers of his non-dominant hand not having fully grown whereas his thumb being functional but his dominant right hand being fully intact and functional.

GGMC issued a disability certificate holding that the student  is not eligible for admission in the medical course due to his disability. The student has claimed that the GGMC’s action were arbitrary and contrary to the provisions of the Right of Persons with Disabilities Act.

The student had appeared for National Eligibility Cum Entrance Test (UG) - from the Persons With Disability (PWD) category. He secured 162 out of 720 marks and  is eligible for All India Rank for counselling from PWD category. As required, he appeared before the GGMC which issued a certificate stating that he is not eligible to pursue medical courses as per National Medical Commission (Amma) norms. 

The plea contends that GGMC is being unjust, arbitrary and contrary to the provisions of the Disability Act. 

His advocate Hrushi Narvekar sought quashing of the two government notifications— February 4, 2019 and May 13, 2023— contending that they are contrary to the purpose of the Rights of Persons with Disabilities Act, 2016. These Notifications set out the Guidelines regarding admission of students which specify disabilities under the Disabilities Act with respect to admission in MBBS. These state that for Locomotor Disability such as Amputation, Poliomyelitis etc., both hands have to be intact, with intact sensations, sufficient strength and range of motion, to be considered eligible for the medical courses.

A  bench of Justices BP Colabawalla and Firdosh Pooniwala questioned the rationale behind such a condition. “What is the rationale for this? If someone wants to study or specialise in psychiatry, his fingers are irrelevant. This is  not rocket science,” the bench remarked. 

National Medical Commission’s advocate Ganesh Gole informed the court  that new guidelines have been issued on August 1, 2023 and said that these should have been applied. 

“This is not an adversarial litigation. You must help him.  You are holding his disability against him. This should not be done,” Justice Colabawalla said. 

The court then directed the GGMC to “re-examine the student  and issue the necessary Certificate, either holding him “Eligible” or Not Eligible” for admission to medical/dental courses in the All India Quota”. 

The court has directed that GGMC “shall take into consideration the 2023 Guidelines” and not the 2019 Notifications/Guidelines. The student has to be examined and certificate submitted in the court by the next date of hearing on August 22. 

The student had sought urgent hearing since the last date for applying for NEET UG counselling is August 23.