Persons with locomotor disability of more than 80% eligible for admission to PG medical courses, MCI to Delhi HC

The Medical Council of India has informed the Delhi High Court that persons who have locomotor disability of more than 80% shall be eligible for admission to postgraduate medical courses, if the disability can be brought down to the level of 80% or less with the help of assistive devices..Such persons shall be eligible for seats reserved for persons with disability, MCI has stated..The averment was made in an affidavit submitted to the Court in a petition by one Mohd Shaloo. The petitioner had challenged the MCI notification declaring persons having locomotor disability of more than 80% as ineligible for admission to postgraduate medical courses..The petitioner is a junior resident at Delhi’s RML Hospital and has a disability of 90%..“It is respectfully submitted that the answering respondent with the prior approval of the Central Govt. has amended the Postgraduate Medical Education Regulations, 2000, including that persons with more than 80% disability may be allowed, on case to case basis, after determining their functional competency with the aid of assistive devices, if the same are being used, so as to assess if the disability is brought below 80% and also whether they possess sufficient motor ability as required to pursue/complete the medicine course satisfactorily“, the affidavit reads..It is stated that the decision to amend the Postgraduate Medical Education Regulations, 2000 to this effect was taken by the Board of Governors in supersession of the MCI in its meeting held on February 25, 2019. The decision was communicated to the Central Government on March 7, 2019. It was approved by the Centre, subject to certain clarifications..Subsequently, the Medical Counseling Committee (DGHS) through its notice dated March 15, 2019, also informed the candidates that persons with disability candidates, who had been earlier found to be ineligible for having locomotor disability was more than 90%, would have to get themselves re-assessed by the Designated Disability Centres to obtain a fresh disability certificate as per the amendment to the Postgraduate Medical Education Regulations, 2000..Meanwhile, another petition challenging the Medical Council of India’s notification declaring that aspirants having benchmark disability of more than 80% are ineligible for admission to undergraduate medical courses is still pending. This notification was applicable to persons having locomotor disability, amputation of a hand, dysgraphia, blood disorders like haemophilia, thalassemia, sickle cell anaemia, and chronic neurological conditions..Both the petitions were filed through Advocate Gaurav Bansal..The cases are being heard by a Division Bench led by Chief Justice Rajendra Menon..The matter will be heard next on July 29.