NEET-PG : Supreme Court Protects Provisional Allotment To Visually Impaired Candidate; Allows Him To Participate In Ongoing Counselling

The Supreme Court on Friday directed that pending further orders, the provisional allotment of seat in the MD Psychiatry course at Topiwala National Medical College, Mumbai to a doctor with 100% visual impairment in both eyes shall not be disturbed to his detriment and that he would be permitted to participate in the ongoing process of counselling of NEET for Post Graduate Medical Courses. The bench of Justices D. Y. Chandrachud and Surya Kant was hearing an SLP against the February 2 decision of the Bombay High Court refusing the prayer for interim orders made by the petitioner and others that they be admitted to the PG medical courses under the quota meant for persons with disability. The Petitioners before the High Court are specially challenged students desirous of obtaining seats in the Post Graduate medical courses. They have been denied an opportunity to apply for seats reserved for students with a physical disability because they do not fall within the parameters laid down in the Postgraduate Medical Education Regulations, 2000 as amended by the Postgraduate Medical Education Regulations (Amendment), 2019.The Petitioners before the High Court were challenging Postgraduate Medical Education Regulations (Amendment) 2019 to amend Postgraduate Medical Education Regulations, 2000 issued vide Notification dated 13 March 2019 issued by the Board of Governors in super-session of the Medical Council of India pursuant to the powers conferred under Section 33 of the Indian Medical Council Act, 1956.The 2019 Regulations have brought about a substantial change regarding the guidelines for admission to students with specified disabilities. A chart appended thereto specifies the types of disabilities and provides for a disability range. A person with a disability of less than 40% is eligible for the medical course but not under the quota meant for persons with disability. Persons with disabilities between 40% to 80% are permitted for medical courses and are eligible under the quota meant for persons with disability. Persons with more than 80% disability are not eligible for medical courses. However, if the disability is brought below 80% with the use of assisted devices, the same can be considered eligible.In respect of visual impairment, the students with visual impairment with less than 40% disability are eligible, and those with visual impairment for more than 40% may be made eligible to pursue PG medical admission subject to the condition that the visual impairment is brought to the level of less than the benchmark 40% with advance low vision aids such as telescopes/magnifier.The SLP Petitioner completed his M.B.B.S. course, not through the quota meant for persons with disability. He has 100% visual impairment in both his eyes. A certificate of disability was issued to the Petitioner on 5 October 2021 as per the 2019 Regulations in which it was stated that the Petitioner is not eligible in light of the 2019 Regulations in view of his 100% visual impairment. The Petitioner was also examined by a Committee of the National Medical Commission in the meeting held on 13 January 2022 in a virtual mode where five experts opined that the Petitioner would not be held eligible.On Friday, the bench of Justices Chandrachud and Surya Kant was informed by the advocates for the SLP petitioner that MD Psychiatry is a non-surgical course and that others have already been given admission.Issuing notice on the SLP, the bench passed the following order- "Pending further orders, the provisional allotment of a seat to the petitioner in the MD Psychiatry course at Topiwala National Medical College, Mumbai shall not be disturbed to his detriment and the petitioner would be permitted to participate in the ongoing process of counselling"As recorded in the impugned decision of the High Court, the challenge to the 2019 Regulations is primarily on the following main grounds. First, the Regulations of 2019 are arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India. Second, the Regulations of 2019 are contrary to the Rights of Persons with Disabilities Act, 2016; more particularly, Section 3(r) read with Section 32 of the Act. Third, the Regulations of 2019 do not consider the functional abilities on a case-to-case basis in respect of each of the disciplines. Fourth, the Regulations of 2019 are not backed by any expert input or not based on any recommendations of the expert body to give them deference as a product of expertise.The High Court, on February 2, had expressed the following view- "First, to grant interim order to give seats to the Petitioners would be an order contrary to the subordinate legislation holding the field as on date. Unless and until this piece of subordinate legislation is set aside or stayed, such relief cannot be granted. It is for this reason by the ad-interim orders passed in January 2022, we have only permitted the Petitioners to participate in the process of counseling and not ...

NEET-PG : Supreme Court Protects Provisional Allotment To Visually Impaired Candidate; Allows Him To Participate In Ongoing Counselling

Mehal Jain

[NEET-PG]Supreme Court Permits Visually Impaired Candidate To Participate In Ongoing Counselling Process; Directs To Not Disturb Provisional Allotment

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