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Synopsis

Justice Sanjeev Narula of the Delhi High Court allowed a Divyang female doctor to pursue a Post-Graduation (PG) Medical course on Wednesday, on perusal of a report from the All India Institute of Medical Sciences (AIIMS), which stated that "she would be able to perform the functions expected of a post-graduate specialist doctor with the use of an appropriate and well-fitting orthosis."

Justice Narula stated that as the petitioner meets the requirements, she is allowed to participate in counseling for the postgraduate level medical course.

Court also issued notice to the Union of India, Ministry of Health and Family Welfare, National Medical Commission (NMC), Medical Counselling Committee (MCC), Vardhman Mahavir Medical College and Safdarjung Hospital, Lady Hardinge Medical College, and Associated hospitals and sought their response by November 22, 2022.

The court was hearing a petition filed by Dr. Laxmi, a person with Benchmark Disability, challenging the Disability Certificate issued by Vardhman Mahavir Medical College (VMMC) and Safdarjung Hospital, New Delhi, which concluded that she is not eligible to pursue Medical courses because her disability is 100% (i.e. more than 80%).

The petitioner's case is that while quantifying her disability, the hospital never allowed her to wear her "Caliper" and thus failed to determine her "functional competency" with the aid of the said Assistive Device.

It is submitted that the Medical Council of India (MCI) in its comprehensive report regarding guidelines for providing the range for 21 benchmark disabilities included ‘the right of persons with disabilities act, 2016’, submitted to the Ministry of Health and Family Welfare, Government of India (GOI), and also emphasized the need for “Periodic revolution of the guideline”.

The plea further stated that one of the recommendations of the then MCI committee was that “Guidelines/criteria need to be periodically evaluated with regard to eligibility quota and to provide the best possible benefits to the medical students with a disability as per National / International norms.”

It also stated that the Office of the Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, GOI has also suggested, in its 2012 letter, that to ensure Non-Discrimination with persons with disabilities, the committee should preferably include a person with a disability or a person who has worked in the disability sector for a reasonable period and is well conversant with disability rights issues including disability discrimination.

The petitioner alleged that despite the above developments, the NMC has not formed a committee comprising of Doctors with Disabilities, nor has it updated its Guidelines on Eligibility Criteria for Persons with Disabilities regularly in light of best practices followed at international levels.

Case Title: Laxmi v. Union of India and Ors.