The Delhi High Court has issued a notice on a Public Interest Litigation challenging the Graduate Medical Admission Regulations, (Amendment) 2019 as it allegedly only allows people with Both hands intact, with intact sensations, sufficient strength and range of motion to be considered for a medical course.

A divisional bench of the Chief Justice DN Patel and Justice Prateek Jalan issued the notice while hearing the petition through video conferencing.

The Public Interest Litigation has been filed by Baibhavi Sharma a medical aspirant challenging the impugned regulation as she is being denied admission to the medical college who has ‘Left Congenital Transverse Deficiency of Elbow’ of 65% despite which she is ineligible for the course.

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The plea states that her aspiration to become a Doctor has come to a grinding halt on account of her being declared ineligible in the light of the impugned condition. “for how long a PwD will have to wait to get equal opportunities in life particularly in the field of education and whether a particular disability can form the basis of a complete prohibition for the petitioner and the similarly situated from getting an opening in a level playing field,” the plea argued.

The Delhi High Court has issued guidelines to the Medical Counselling Committee to streamline the Post Graduate Admission Process.

A Single Bench of Justice Prathiba M. Singh while hearing a Writ Petition filed by Dr. MB Menon, aggrieved by the denial of a seat at the Maulana Azad Medical College, Delhi, after it was “wrongful allotted” to him by the administration under the DU Quota.

The Petitioner argued that he should not be made to suffer due to a bona fide human error.

The Court noted that

“The checks ought to have been installed at the time of registration and prior to allotment in the first round. Since there were no checks, and partly due to the Petitioner’s fault, he has been put in this situation. The Court while being empathetic with the position in which the Petitioner currently finds himself, however, cannot direct confirmation of his admission in MAMC under the Delhi University Quota.”

The High Court issued following directions.

“(i) At the time of registration for counselling there shall be a specific field which candidates would be required to fill up with details of the college and the University from where they have completed their M.B.B.S. course.

(ii) Upon the said field being incorporated, the system should bedesigned in such a manner that only those quotas for which the candidates are eligible would be made available to the candidates. For example, if the candidate has completed the M.B.B.S. course from Kerala and the name of the college is filed up along with the name of the University, the Delhi University quota should not be made available to such a candidate. This would ensure that the complexity created due to the presence of various quotas in counselling is eliminated. This would also ensure that candidates are not put through gruelling circumstances in the course of the counselling, which takes place over a period of three to four months every year.

(iii) After registration, prior to allotment of seats, the data submitted by candidates shall be cross-verified with the data available with MCC so that wrong allotments are not made.”

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The Court directed the State of Kerala to allot any unfilled seat to the Petitioner in a post-graduate medical course so that he can take admission in this academic year.

-India Legal Bureau