Locomotor Disability – 40% to 70% of lower limbs.
Locomotor Disability – is it a hindrance while admitting students into MBBS Course in medical colleges of India ?
MCI is the proper authority to decide while giving admission in MBBS to disabled students says High Court division bench.
A student trying for an admission in MBBS seat or even studying MBBS in India are aware that there is a certain percent of seats where a student is given MBBS admission in Indian medical college under a special quota – for the students with 40% to 70% locomotor disability of lower limbs (Not upper limbs). This regulation of MCI was existing till the year 2011.
The Locomotor Disability (40% to 70%) of the lower limbs of the disabled students
- Are considered under special quota of reservation and given admission into MBBS course in India.
- This reservation quota is available to the disabled students as per the MCI regulation.
- However, in the year 2011, a disabled student (having deformity in the spinal code, upper limb and not in the lower limbs), seeking admission into MBBS, questioned this regulation of MCI and filed a petition in the courts of law.
- Result, a judgement given in favour of student (P Divya) in 2011. ( Visit – http://indiankanoon.org/doc/121130749/ )
- Consequently MCI appealed in the High Court against single judge directive.
- Result, in 2013 (after 2 years), the bench of the High Court ruled that MCI was right within its power and the proper body to decide.
Locomotor Disability means – Before we move further in this article, let us understand – what is locomotor disability? Well, it means disability of the bones, joints or muscles leading to restriction of the movement of the limbs.
Student files a petition – In the year 2011, Ms P Divya, a student with spinal code deformity (upper limb deformity) moved a petition (in 2011) in the courts of law to extend reservation to upper limb deformity disabled students also and to give her admission into the medical college to study MBBS.
A single judge gave a verdict in favour of the student Ms P Divya and directed MCI to consider all forms of disabilities for admission.
Thus P Divya was given admission and today the student is in her third-year of MBBS.
MCI appeals in higher court – Subsequently MCI appealed in the High Court against the single judge order. After 2 years of consultations and deliberations, came the year 2013, the bench of the High Court gave a judgment in favour of MCI and said that MCI is the correct authority to decide and give admission to the students applying under the special quota – locomotor disability.
The bench of the High Court added that let MCI decide whether the admission be given based on the % of deformity of the limbs.
The Bench of the High Court also opined that the single judge had gone beyond the scope of the petition.
P Divya is Lucky – However, the student P Divya’s admission was not cancelled in view of public interest, since the student has completed two years of study, and now if the seat is cancelled, it would remain vacant forever. P Divya can continue and complete her MBBS studies.
Conclusion – From the above developments and as per the verdict of the division bench of High Court comprising Justice M Jaichandren and Justice M M Sundreshwe, one can say that MCI is the absolute authority. Is the intrepretation – that MCI is the final authority to offer any consideration for the flexibility of the regulation of allowing only students having 40% to 70% locomotor disability or all forms of disabilities – accepted by all. Please give your comment.