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The Bombay High Court recently gave relief to three disabled students by permitting them to take admission to nonsurgical postgraduate medical courses in Maharashtra. The petitioners had earlier not been allowed to proceed with admission as their physical disability was assessed to be more than the 70 per cent limit set by the Medical Council of India (MCI). The division bench of Chief Justice Mohit Shah and Justice Ranjit More directed that the petitioners be considered eligible in the physically handicapped category. Petitioners Dr. Aastha Ganeriwal, Dr. Manoj Landge and Dr. Rakesh Kisan Ukey, 27, will be granted admission on the basis of their performance in the entrance examinations.
Though all petitioners, represented in court by advocate Pooja Thorat, fall below the 70 per cent limit as certified by individual general surgeons they were assessed to have greater percentage of disability by the All India Institute of Physical Medicine and Rehabilitation Centre at Haji Ali which conducts the tests after candidates’ clear entrance exams. The MCI representative had argued in court that the Haji Ali centre is reputed and as per its certification, the petitioners should not be granted admission to medical courses. Ukey, who suffers from locomotive disability of the lower limb, was assessed with a disability of 50 per cent. He had secured 10th rank in the category of Scheduled Caste Physically Handicapped Students across the state in the CETs for postgraduate courses in January. The Haji Ali centre however, said his disability was at 94 per cent, following which he was considered ineligible for the admission. Being rated 94 per cent means I am incapable of movement. How is that possible though we are the only ones who have moved court, there are many such cases. Dr. Landge, who has a disability of less than 70 per cent, completed his MBBS course but was said to be ineligible for the postgraduate course even though the disability is not progressive. Dr. Ganeriwal, whose disability is within the 50-60 per cent range, was certified to be 100 per cent disabled.
Courtesy: Times of India
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