New Delhi:
The Supreme Court on Friday said that the National Medical Commission (NMC) guidelines require disabled students specified to “retain” both hands to carry forward the MBBS syllabus, “completely opposed” and “comforting” Was re -evaluated.
A bench of Justice BR Gawai and KV Vishwanathan visited both hands intact, intact sensations, adequate strength and limit of motion to be essential for eligibility in a medical course.
“This leaflet of both hands remains intact …” is completely opposed to Article 41 of the Constitution; the principles involved in the United Nations Conference on the rights of disabled persons and the RPWD Act (Rights of Rights of Rights of Person’s Rights Act, 2016), “The bench said.
The court said to connect, “It also indicates an classification that is overbrood and glorifies ’empowerment’. It propagates that it is a majority or better than a majority with individuals and faculties with specific capabilities It is possible.” It is fine that the direction of the state policy, the United Nations Conference and the 2016 Act acter, what is this.
The apex court mentioned its verdict passed in October last year, which asked NMC to issue revised rules and guidelines at the session of the guidelines of May 13, 2019, in which the MBBS curriculum was disabled. Was in relation to the entry of students.
According to the decision, NMC assured the apex court in another case that it would set up a new committee of domain experts to follow the decision.
“We direct the case to post the case on March 3, 2025, whether the National Medical Commission has prepared the revised guidelines as per the decisions of the court …” said this.
Meanwhile, the bench directed the NMC to file an affidavit, explaining the current situation.
The apex court gave its verdict on an appeal against the September 1 2024 order of the Punjab and Haryana High Court, which rejected the claim of a disabled aspiration and retained his refusal to enter the MBBS course.
The apex court said it had ordered the entry of the appellant at Government Medical College, Sirohi, Rajasthan on December 12, 2024, against the seat reserved for the disabled persons (PWD) (OBC) category.
The bench made its argument in the decision given on Friday.
It referred to the guidelines on the entry of “disabled” students under the 2016 Act in the MBBS course, which formed Appendix H -1 on 13 May 2019 notified Graduate Medical Education Regulations (Amendment), 2019.
The bench noted, while the appellant’s disability of the appellant made him eligible for the course under PWD quota, “Need to retain the need to retain both hands, with intact sensations, with sufficient power and speed Seema “disqualified her.
“Both hands are intact …” There is no purity in the law in the leaflet because it does not accept the functional evaluation of the individual candidate, a case that is so fundamental in protecting the rights of disabled persons, “it was held.
Such a recipe said, the bench, re -evaluated the competence and there was no place in a statutory regulation.
“In fact, it is the effect of denying guaranteed rights under the Constitution and the RPWD Act and makes fun of the principle of proper housing,” it said.
The bench saw the case at the time of hearing the case in November last year, the apex court asked the director of the All India Institute of Medical Sciences, New Delhi to form a committee to investigate the victim disability by the petitioner. The method of medical study of them.
The bench said about six members of the committee, five stated that they were unable to declare the appellant fit to join the MBBS course and the current NMC guidelines required amendment.
However, one of the members said that the appellant could successfully navigate the MBBS course with clinical housing and assistant technologies.
The bench dismissed the report of five members of the board and confirmed their entry, accepted the report of the other member.
(Tagstotransite) MBBS (T) Supreme Court (T) Disability
