The Delhi High Court on Monday declined to pass an order for admission of a student to a medical college after it was told that the disability in her right hand would prevent her from properly discharging her duties as a medical doctor.
However, the division bench of acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the Centre and National Medical Commission to explore the possibility of such candidates being able to pursue some of the disciplines of medical education, considering the advancement in science and technology. “The exercise has to be completed within six months,” said the court.
The candidate had earlier been given provisional admission in the Maulana Azad Medical College in the MBBS course, but the same could not be regularized on account of her disability — the thumb, index finger and part of middle finger of the right hand are amputated. She approached the court in February.
The court said it was unfortunate that the student who otherwise appeared meritorious could not pursue the course on account of her disability.
“We find ourselves unable to grant any relief to the petitioner. This is for the reason that assessment of the petitioner with regard to her ability to undertake the MBBS course and thereafter serve as an MBBS doctor has to be left to the experts and which has been done by the experts of AIIMS. In exercise of our discretionary jurisdiction under Article 226 of the Constitution, we cannot sit in appeal over opinion of the medical board,” said the court.
The court said it was unfortunate that the student who otherwise appeared meritorious could not pursue the course on account of her disability.
“We find ourselves unable to grant any relief to the petitioner. This is for the reason that assessment of the petitioner with regard to her ability to undertake the MBBS course and thereafter serve as an MBBS doctor has to be left to the experts and which has been done by the experts of AIIMS. In exercise of our discretionary jurisdiction under Article 226 of the Constitution, we cannot sit in appeal over opinion of the medical board,” said the court.
Courtesy : The Indian Express
