Delhi High Court
Sanjana Sinha vs University Of Delhi & Anr. on 31 May, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on February 26, 2016
Judgment delivered on May 31, 2016
+ W.P.(C) 6041/2013 and CM No.13301/2013
SANJANA SINHA ..... Petitioner
Through: None.
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr. Mohinder J.S. Rupal, Adv. and
Ms. Simran Jeet, Adv. for R-1
Mr. T. Singhdev, Adv. with Mr.
Sanjay Kumar, Adv. for R-2
Mr. Ajay Digpaul, Adv. with Mr. T.P.
Singh, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE V.KAMESWAR RAO
V.KAMESWAR RAO, J.
1. This writ petition impugns the action of the respondents rejecting the case
of the petitioner seeking benefit of reservation against disability quota.
Facts:-
2. The present petition has been filed by the petitioner seeking the following
reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari
quashing the amendment dated 25th March, 2009 bearing No.
MCI-34(41)/2008-med./54469 to the Graduate Medical
Regulation 1997 to the extent to which it limits admission of
students having locomotary disability of lower limbs of more
than 70% to the MBBS course;
(ii) issue a writ, order or direction in the nature of certiorari
quashing the letter dated 21.04.2009 issued by respondent No.2;
(iii) issue a writ, order or direction in the nature of certiorari
quashing the Para 2.2.4 of the Bulletin of Information for the
Session 2013-2014 issued by the Faculty of Medical Sciences,
University of Delhi;
(iv) issue a writ, order or direction in the nature of mandamus
directing the respondent No.1 to admit the petitioner to the
MBBS course against the seats reserved for physically
handicapped persons;
(v) pass any other order or orders which this Hon‟ble Court
may deem fit and proper in the interest of justice and in the facts
and circumstances of the case."
3. It is the case of the petitioner that in the month of May, 2012 when the
petitioner was studying in class 12th, she had to undergo medical treatment for
low BP and during the treatment, her left leg was amputated due to lapses made
by the hospital. The blood circulation of her leg was hampered due to lapse in
IAVP procedure which was undertaken to enhance her BP and she became
disabled. At that time, the petitioner was 17 years of age. After the amputation
of her left leg, the petitioner got an artificial leg/prosthetic limb fitted and she can
walk and perform her normal duties independently and confidently without
crutches or sticks. The University of Delhi, Faculty of Medical Sciences, on
December 3, 2012 issued a notification with regard to MBBS/BDS admission for
the session 2013. As per the said notification, qualifying NEET (UG)-2013
examination to be conducted on May 5, 2013 was termed as mandatory to get
admission to MBBS/BDS courses. The petitioner being eligible applied for the
NEET examination. The results were declared on June 5, 2013 and the petitioner
was declared qualified in the said examination. It is the case of the petitioner,
that on April 21, 2009, the Medical Council of India respondent No.2 has issued a
letter for admission to MBBS courses for the physically handicapped candidates,
which inter-alia stipulated that the prescription of disability between 50% to 70%
i.e locomotory disability of lower limbs for receiving the benefits of admission in
the medical courses should continue subject to modifications that in the event
when there are not sufficient number of candidates having locomotory disability
of lower limbs of 50% to 70%, the unfilled seats should be filled up by the
candidates having locomotory disability of lower limbs to the extent of 40% to
50% before they are converted into the open category seats.
4. Having qualified the NEET examination, the petitioner applied to the
Faculty of Medical Sciences for admission to MBBS course against the seats
reserved for physically handicapped persons. Along with the said application, the
petitioner, annexed the disability certificate which was issued by the Committee
of doctors of General Hospital, Gurgaon showing 80% disability. Pursuant
thereto, the petitioner was assessed by Medical Board of Vardhman Mahavir
Medical College (hereinafter referred to as „College‟) & Safdarjang Hospital,
New Delhi for the purpose of admission to Medical/Dental Courses. After
examination, the Medical Board, issued the certificate of locomotor disability
showing 80% disability, which disability certificate was issued by the College
was submitted to faculty of medical sciences, University of Delhi after receipt of
a letter seeking submission of same.
5. On June 22, 2013, the respondent No.1 issued a tentative list of not eligible
candidates who had applied for admission to MBBS/BDS courses for the session
2013-2014. The name of the petitioner did not appear and therefore, it is the case
of the petitioner that she was very much eligible for admission to MBBS course
against the seats reserved for physically handicapped although, her disability was
80%. On July 11, 2013, the respondent No.1 issued a merit list in which the
petitioner was shown at No. 1 rank, though the disability column shows 80%. It
is averred in the petition, that a revised list was issued on July 20, 2013, in which
the name of the petitioner was shown at serial No.7 of the merit list of persons
with disability (General). The revised merit list had also shown the disability of
80%.
6. On July 23, 2013, when the petitioner was called for counselling, her name
was flashed on the screen meant for college students turn by turn for seat
allocation in the college of his/her choice. It is her case that in a sudden twist, the
respondent No.1 issued a letter dated July 23, 2013, whereby, the petitioner was
declared not eligible for admission to MBBS due to her disability, which is 80%.
Aggrieved by the said order dated July 23, 2013, the petitioner filed a Writ
Petition (Civil) No.4855/2013 before this Court. During the course of hearing of
the said writ petition on August 19, 2013, on the submission of the petitioner‟s
counsel that after using of artificial leg/prosthetic limb, her disability is between
50% to 70% and therefore, she is eligible for admission under the category of
Physically Handicapped Persons, this Court dismissed the said writ petition as
withdrawn with liberty to the petitioner to approach the Dean/Principal of the
College, by way of a representation within two days from the date of the order
with a request to reconsider the extent of her disability in view of the fact that she
has been using a detachable artificial leg for last about one year. Accordingly, the
petitioner approached the College. It is the case of the petitioner that the office of
the Medical Superintendent of the College informed the petitioner vide letter
dated August 26, 2013 that as per the existing guidelines of the Ministry of Social
Justice & Empowerment (respondent No.3), they could only assess the disability
of the petitioner on a level of amputation and not after fitting artificial limb,
hence the disability certificate issued to the petitioner on June 11, 2013 stands
valid and does not require revalidation. It is pursuant thereto, the present writ
petition has been filed seeking the reliefs reflected above.
7. The respondent No.2 has filed a counter affidavit wherein, the stand
primarily, has been that in terms of the NCR Regulation, candidates having more
than 50% and less than 70% locomotor disability of lower limbs of the body
would be given preference in admission to medical courses. It is also their stand,
that the candidates having locomotor disability of the lower limbs between 50%
to 70% are not available, the unfilled seats would be filled up by the candidates
having locomotor disability of the lower limbs between 40% to 50%.
8. It is also their stand that persons with visual or hearing impairment or with
the disability of lower limbs accompanying with the disability of upper limbs are
not entitled for the benefit of admission in medical courses under 3% reservation
for physically handicapped quota for locomotory disability of the lower limbs
under the provisions of statutory regulation of the respondent. In substance, it is
their case that the petitioner having disability to the extent of 80%, she was not
granted admission as she did not fulfil the criteria, laid down under the Graduate
Medical Regulation, 1997, which inter-alia stipulates; candidates having
locomotor disability of more than 50% and less than 70%, can be given the
benefit of reservation under the provisions of the Disabilities Act. The
respondent No.2 has also taken a stand that the fixing of the criteria of less than
70% under Regulations in terms of Section 33 of the Act, having a statutory
character, being an outcome of an exercise of subordinate legislation, this Court
would not like to interfere with the same in exercise of its power under Article
226 of the Constitution of India, more so, when the Medical Council of India is a
specialised body having been empowered under the Medical Council of India Act
to prescribe minimum standards of medical education in India.
9. The respondent no.1 had also filed a short counter-affidavit, wherein the
respondent No.1 has taken a similar stand, as has been taken by the Medical
Council of India by referring to their bulletin of information of NEET-UG-2013,
inasmuch as 3% seats are reserved on horizontal basis for physically handicapped
candidates only for locomotor disabilities of lower limbs between 50% to 70%
provided that in case any seat in this 3% quota remains unfilled on account of
unavailability of the candidates, the locomotor disability of lower limbs between
50% to 70% then any such unfilled seats in this 3% quota shall be filled up by
persons with locomotor disability of lower limbs between 40% to 50%. It is also
their stand that as the University of Delhi follows MCI guidelines and the
Regulations does not permit for admission in MBBS/BDS courses under PWD
category, wherein the disability is beyond 70%, the petitioner was not eligible for
admission to MBBS course. This Court on May 23, 2014 has passed a detailed
order after noting that the petitioner has 80% disability based on the existing
guidelines of the Ministry of Social Justice & Empowerment for disability
assessment and disability certification which is based only on the level of
amputation of an amputee and not after the fitment of an artificial limb. There is
no criterion prescribed for assessing the drop in the disability. On impleadment,
the said Ministry has also filed an affidavit, wherein, the following is the view of
the Ministry:-
"That the matter was further examined in the Ministry of Social
Justice & Empowerment, Department of Disability Affairs. The
views of this Department in the matter are as under:-
"The matter of dispute in this case relates to denial of
admission in MBBS course to an amputee locomotor disability
candidate on the ground of her disability being more than 70%.
It may be noted that on successful completion of MBBS course,
the candidates would qualify for the post of Physician, Assistant
Medical Officer, Medical Officer, Chief Medical Officer etc.
The Department is of the view that the functional criteria for
these posts should have a bearing on the selection of candidates
for admission into MBBS courses.
As per the list of posts identified suitable to be reserved for
persons with disabilities, notified vide notification number 167
dated 29.07.2013, the post of physician, assistant medical
officer, medical officer, chief medical officer have been
identified suitable for persons with locomotor disabilities [One
Arm (OA), One Leg (OL)]. There is no ceiling on the extent of
disability. In the remark column it has been indicated that the
incumbents should be considered with aids-and appliances.
The physical requirements for these posts are as under:-
S - Sitting
ST - Standing
W - Walking
BN - Bending
MF - Manipulation with
fingers
RW - Reading and Writing
SE - Seeing
H - Hearing
C - Communicating.
These physical requirements are considered essential keeping
in view the works attached to the post which inter alia include
diagnose and treat ailments, examine patients using stethoscope
and other instruments, case paper preparation, perform
surgical operations etc."
6. In view of the above, the percentage of impairment in
relation to affected part of the body should not be a criteria for
judging one‟s capability for admission into MBBS courses. The
candidate should be judged on the basis of his/her functional
capabilities. If a person with OL or OA impairment after
fitment of aids and appliances is capable of meeting the above
functional/physical requirements, he/she should be considered
favourably for admission into MBBS course.
7. In view of the foregoing, it is respectfully prayed that the
Hon‟ble High Court may take into the account of the views of
the Department mentioned at para 5 & 6 of the affidavit and
pass order as it deems appropriate."
10. The respondent No.2 has filed an additional affidavit in response to the
affidavit of the respondent No.3 (Ministry of Social Justice and Empowerment) to
state that the affidavit of the respondent no.3 was placed before a Sub-Committee
consisting of experts in the field of ENT, Ophthalmology, Orthopaedics and
Locomotor specialists to consider the same in the light of the provisions relating
to the reservation for disabled persons as contained in the Graduate Medical
Education Regulation 1997 and the Post Graduate Medical Education Regulation,
2000. It is the stand of the respondent No.2 that the Committee took into account
the provision contained in the Disabilities Act, particularly Section 2(t) and
Section 39, which is a general law in the field of reservation for disabled
candidates whereas the Medical Council Act, 1956 and the Regulations made
there under was the special law governing the field of admission in various
medical courses including the reservation for admission of physically disabled
candidates in various medical courses. In para 21 of the additional affidavit,
insofar as the lower limb disability is concerned, the Sub-Committee
recommended as under:-
"B. Lower Limb Disability
51. Although a person with lower limb disability cannot
acquire 4 out 6 specific objectives of internship, however, as he
is able to acquire discipline-wise competencies, hence a person
with disability of lower limb can pursue medical education.
However, the existing provision in Graduate Medical Education
Regulation, 1997 is appropriate and does not require any
revision. As such, as the determination of disability under the
PWD Act is organic hence the reduction of disability with
prosthetics cannot be considered to be a ground for persons
with disability above 70% to be eligible to pursue Graduate
Medical Education."
11. It is also stated that the report of the Committee was placed before the
Executive Committee of the respondent No.2, in its meeting held on April 29,
2015. The Executive Committee, after detailed deliberations accepted the
recommendations of the Sub-Committee. In its affidavit, the respondent No.2
acknowledges the fact that as per the Graduate Medical Regulation 1997, with
regard to reservation of seats in the MBBS courses for physically handicapped
candidates, it has been provided that candidates having a disability only of the
lower limbs within the requisite stipulation, can be considered for admission in
post graduate medical course under 3% quota reserved for physically
handicapped category. Finally it is their stand that the respondent No.2 in its
bonafide discharge of its responsibilities, has decided for stipulating locomotary
disabilities of lower limbs only, that too between 50% to 70% for admission, so
as to ensure that deserving candidates should get the benefit of this reservation.
They sought dismissal of the writ petition.
12. It is noted that vide order dated September 11, 2015, when we had heard
the arguments, learned counsel for the respondent No.3 requested some time to
take instructions with regard to framing of guidelines for determining the extent
of disability after the fitment of the artificial leg. On January 8, 2016, a
representation was made by the learned counsel for the respondent no.3 that
Expert Committee has been constituted on July 8, 2015 and report was to be
submitted within six months i.e. by January 8, 2016, as the same was not filed,
further time was sought for filing the report. Unfortunately, no report has been
filed. Rather, a letter dated February 26, 2016 of the Under Secretary of the
respondent no.3 was handed over to us, wherein, it was represented that the
Expert Committee was constituted vide order dated July 8, 2015 to suggest
guidelines for assessment of new disabilities proposed in the Rights of Persons
with Disabilities Bill and also to review the existing guidelines for assessment of
disabilities for which nominations of Members from various organisations were
received till October, 2015. The first meeting of the Expert Committee was held
on November 10, 2015 when it was decided to constitute eight Sub-Committees
for suggesting guidelines for each different group of disabilities. One Sub-
Committee would look into the assessment of locomotor disability. The Sub-
Committees were to consider framing of guidelines for evaluation and
determining the extent of disability after fitment of artificial aids, which exercise
was to take six months from February 26, 2016. Noting the failure of the
respondent No.3 to come up with the guidelines despite ample opportunity, the
Court deemed it fit to reserve the case for judgment. We note, that there was no
appearance for the petitioner from November 24, 2015 onwards. The grounds of
challenge in the writ petition are that Section 39 of the Disabilities Act being
clear and categorical that benefit of reservation should be expanded to all
categories of persons with disabilities, which by definition under the Act
recognises seven categories of disabilities, denying the benefit to the petitioner is
illegal. It is also the ground for challenge that the persons with disability having
been defined under the Disabilities Act, to mean persons suffering from not less
than 40% of any disability, the respondent no.2 has no authority to frame
Regulation limiting the same only to candidates with locomotor disability of
lower limbs between 50% to 70% as was done under the notification dated March
25, 2009. It is the case of the petitioner that the MCI could not have created an
artificial sub-category within the category of persons, who are physically disabled
specially when the Disabilities Act does not itself create any such distinction.
Any decision or Regulation framed by the MCI contrary to section 2(t) shall be
ultra virus to the Act. Further, the amendment of limiting the disability above
40%/50% and at 70% is not based on intelligible differentia, inasmuch as it does
not differentiate between disability, which hinders the permanent performance of
duty and a case where with the aid of prosthetics, the disability can be
substantially reduced so that it has no effect in discharge of one‟s duty as a
Doctor/MBBS student. It is also a ground taken in the writ petition that the
notification dated March 25, 2009, fixing the bracket of disability between 50%
to 70% i.e locomotor disability of lower limbs is arbitrary and violates Article 14
of the Constitution of India as it does not consider the effect of prosthetics on
improving the locomotor ability of the student having otherwise more than 80%
disability. A plea also has been taken that the Medical Board, which assessed the
petitioner of disability was on the basis of amputation of the left leg without
accounting for her prosthetic limb and as such, is not correct.
13. Having considered the pleading of the parties, the following is the
undisputed position:-
(i) In terms of the Regulations of the Medical Council of India (respondent
No.2) the candidates having more than 50% and less than 70% locomotary
disability of lower limbs of the body can be given the benefit of reservation under
the provisions of the Disabilities Act, 1995. It is further provided that in case if
candidates having locomotary disability of the lower limbs of 50% to 70% are not
available, the unfilled seats would be filled by the candidates having locomotary
disability of the lower limbs between 40% to 50% before they are included in the
annual sanctioned seats for General category for that particular year.
(ii) The persons with visual or hearing impairment or with a disability of lower
limbs accompanying with disability of upper limbs are not entitled for the benefit
of admission in medical courses under 3% reservation for physically handicapped
quota for locomotary disability of the lower limbs.
(iii) The petitioner has 80% locomotary disability of the lower limbs. But for
the percentage of disability being above 70% the petitioner is otherwise eligible
for admission in a medical course.
(iv) With the external aid/prosthetic limb the petitioner‟s disability is less than
70%, within the range prescribed by the respondent No.2.
14. It may be noted here that the Indian Medical Council Act, 1956 stipulates
the establishment of Medical Council of India. Section 19A of the said Act
provides that the respondent No.2 may prescribe the minimum standards of
medical education in the country. Section 33 is the source of power for the
respondent No.2 to make regulations. The respondent No.2 framed regulations
"Graduate Medical Education 1997" by exercising power under Section 33 of the
Act. The regulations originally provided for reservation to the persons with
diability. The respondent No.2 referred the question of requirement to provide
reservation for persons with disability to its Executive Committee in the year
2001 and a Sub-Committee was constituted for framing guidelines in relation to
admission for persons with disability in medical courses. The report of the Sub-
Committee was submitted and was duly considered by the Executive Committee
in April, 2001. Thereafter, the respondent No.2 had called the comments from
the expert bodies like ENT, Ophthalmology, Orthopedic surgeons, General
surgeons on the report of the Sub-Committee. The respondent No.2 wrote to
Commissioner of Disabilities informing it that it has decided that reservation to
the extent of 3% in medical courses would be available for the persons with
locomotor disability of the lower limbs suffering disability of 40% to 60%. It
appears that pursuant to the decision, a communication dated July 14, 2003 was
sent to the Deans of all Medical Colleges, Registrars of all Universities etc,
wherein, it was stated that the reservation should be available to persons with
locomotor disability of the lower limbs between 50% to 70% instead of minimum
40%, prescribed earlier as it was felt that purpose of providing reservation to
disabled candidates would be served by giving benefit to 50-70%. By way of a
notification dated March 25, 2009, the respondent No.2 amended the Graduate
Medical Regulation providing that if the 3% reservation is not filled by the
candidates with locomotor disability of the lower limbs between 50% to 70% then
unfilled seats shall be filled by the persons with locomotor disability of lower
limbs between 40% to 50%. This amendment was made pursuant to the
suggestion made by the Supreme Court in Civil Appeal No.8447-8448/2010
dated August 24, 2011. We may note here that a reference was made in the
counter affidavit about the pendency of a Civil Appeal No. 5865/2011 arising
from the judgment of the Gujarat High Court in the case of Deval R. Mehta vs.
Union of India and others. In the said case, the question arose was whether MCI
has any authority to frame Regulations limiting the reservation only to persons
having locomotor disability of lower limbs by the notification dated March 25,
2009. The Gujarat High Court held that the notification dated March 25, 2009,
amending the Regulation is contrary to and amounting to altering the definition of
"person with disability" as defined under Section 2(t) of the Disabilities Act and
hence, ultra vires. Suffice to state, the issue, which arises for our consideration in
this writ petition is different, inasmuch as, as stated above, we are concerned with
the petitioner who has locomotor disability of lower limbs and whether her case
need to be considered if she meets the disability range between 40/50 - 70% with
external aid/Prosthetic limb. To answer the aforesaid issue, we note some of the
provisions of The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation Act, 1995. The words "disability, "locomotor
disability" and "person with disability" are defined under Section 2(i), (o) and (t)
respectively of the Disabilities Act, 1995 which I reproduced as under:-
"2(i) "Disability" means-
(i) blindness;
(ii) low vision;
(iii) leprosy-cured;
(iv) hearing impairment;
(v) loco motor disability;
(vi) mental retardation;
(vii) mental illness;
2(o) "locomotor disability" means disability of the bones, joints or muscles
leading to substantial restriction of the movement of the limbs or any form of
cerebral palsy;
2(t) "person with disability" means a person suffering from not less than forty per
cent of any disability as certified by a medical authority;
15. Section 32, 33 and 39 of the Disabilities Act are also relevant in the present
case and the same are reproduced as under:-
32. Identification of posts which can be reserved for persons with disabilities. -
Appropriate Governments shall -
a. identify posts, in the establishments, which can be reserved for the persons with
disability;
b. at periodical intervals not exceeding three years, review the list of posts
identified and up-date the list taking into consideration the developments in
technology.
33. Reservation of Posts - Every appropriate Government shall appoint in every
establishment such percentage of vacancies not less than three per cent. for
persons or class of persons with disability of which one per cent. each shall be
reserved for persons suffering from-
i. blindness or low vision;
ii. hearing impairment;
iii. locomotor disability or cerebral palsy, in the posts identified for each
disability:
Provided that the appropriate Government may, having regard to the type of
work carried on in any department or establishment, by notification subject to
such conditions, if any, as may be specified in such notification, exempt any
establishment from the provisions of this section.
39. All educational institutions to reserve seats for persons with disabilities - All
Government educational institutions and other educational institutions receiving
aid from the Government, shall reserve not less than three per cent seats for
persons with disabilities.
16. The Disabilities Act is a welfare legislation and the definition of the word
„disability‟ under Section 2(i) specifically includes locomotor disability. There is
no dispute that the Medical Council of India is an expert body to determine the
qualification and standards in medical education. It is also true that the Supreme
Court in the case of Union of India vs. Devendra Kumar Pant (2009) 14 SCC
546, has held that the intention of the Disabilities Act is not to accept reduced
standards of efficiency in performance of functions of a particular post merely
because the employee suffers from a disability. In the said case, the Supreme
Court was concerned with Section 47(2) of the Disabilities Act, which provides
that no promotion shall be denied to a person merely on the ground of disability.
While holding that Section 47(2) of the Disabilities Act bars disability per se
being made a disqualification for promotion, it was observed as under:-
"..........To give an example, a person working as a Lower
Division Clerk (LDC) suffering from the disability of low vision,
cannot be denied promotion to the post of Upper Division Clerk
(UDC) merely because of his disability. This is because the
efficiency with which he functioned as a LDC will be the same
while functioning as a UDC also and the disability as such will
not affect his functioning in a higher post. But the position is
different if the disability would affect the discharge of functions
or performance in a higher post or if the disability would pose a
threat to the safety of the co-employees, members of the public or
the employee himself, or to the assets and equipments of the
employer. If promotion is denied on the ground that it will affect
the safety, security and performance, then it is not denial of
promotion merely on the ground of his disability, but is denial of
promotion by reason of the disability plus something more, that
is adverse effect of the disability upon the employee's
performance of the higher duties or functions attached to the
promotional post."
17. No doubt, it is clear that Section 47(2) bars promotion being denied to a
person on the ground of disability only if disability does not affect his capacity to
discharge the higher functions of a higher promotional post. In the present case,
an additional affidavit has been filed by the respondent No.2, wherein, they have
also referred to constitution of a Sub-Committee after the order passed by this
Court on September 26, 2014. The Sub-Committee consisting of experts in
various fields of medicine including locomotor disability, has considered in detail
the competency level possible of a person having lower limbs disability in the
following manner:-
"I. Locomotor Disability: Expert Opinion of Prof. Dr. P.P. Kotwal, Head of
Department of Orthopedics, All India Institute of Medical Sciences, New Delhi
S. No. Statement Competency level possible
Upper Limb Lower
Limb
Disability
1. General
2. Specific objectives
i. Diagnose clinical common disease conditions Partial Complete
encountered in practice and make timely decision for
referral to higher level
ii. Use discreetly the essential drugs, infusions, Partial Complete
blood or its substitutes and laboratory services
iii. Manage all type of emergencies-medical, surgical Not Possible Not Possible
obstetric, neonatal and pediatric, by rendering first level
care
iv. Demonstrate skills in monitoring of the National Partial Not Possible
Health Programme and schemes, oriented to
provide preventive and promotive health care services
to the community
v. Develop leadership qualities to function effectively as a Complete Not Possible
leader of the health team organized to deliver the
health and family welfare service in existing socio-
economic, political and cultural environment;
vi. Render services to chronically sick and disabled (both Not Possible Not Possible
Physical and mental) and to communicate effectively
With patient and the community.
6. ASSESSMENT OF INTERNSHIP
i. Proficiency of knowledge required for each case Complete Complete
ii. The competency in skills expected to manage each
case.
a) Competency for performance of self-
Performance
b) Of having assisted in procedures Partial Partial
c) Of having observed Complete Complete
iii. Responsibility, punctuality, work up of cases, Partial Complete
involvement in treatment, follow-up reports
iv. Capacity to work in a team (Behaviour with Complete Complete
colleagues, nursing staff and relationship with
paramedical.)
v. Initiative, participation in discussions, research Complete Complete
aptitude.
7. Full registration shall only be given by the State
Medical Council/Medical Council of India on the
award of the MBBS degree by the university or it
declaration that the candidate is eligible for it.
8. Some guidelines in the implementation of the
training programme are given below.
9. Internship Discipline related
I. Community Health Centre/District Hospital/Attachment to General Practioner:
1) During this period of internship an intern must
acquire
a) clinical competence for diagnosis of common Partial Complete
ailments, use of bed side investigation and primary care
techniques;
b) gain information on „Essential drugs‟ and their usage Complete Complete
c) Recognize medical emergencies resuscitate and Partial Partial
instate initial treatment and refer to suitable institution
2) Undergo specific, Government of India/Ministry of
Health and Family Welfare approved training
using Government of India prescribed training
manual for Medical Officers in all National
Health Programmes (e.g child survival and safe
motherhood-EPI, CDD, ARI, FP, ANC, safe
delivery, Tuberculosis, Leprosy and others as
recommended by Ministry of Health and Family
Welfare:-
a) gain full expertise in immunization against infectious Complete Complete
disease;
b) participate in programmes in prevention and control Complete Complete
of locally prevalent endemic diseases including
nutritional disorders;
c) learn skills first hand in family welfare planning Partial Complete
procedures;
d) learn the management of National Health Complete Complete
Programmes;
3) Be capable of conducting a survey and employ its Complete Partial
Findings as a measure towards arriving at a community
Diagnosis.
4)
a) conduct programmes on health education, Complete Complete
b) gain capabilities to use Audiovisual aids. Complete Complete
c) Acquire capability of utilization of scientific Complete Complete
information for promotion of community health.
5) Be capable of establishing linkages with other Complete Complete
Agencies as water supply, food distribution and other
Environmental/social agencies.
6) Acquire quality of being professional with Complete Complete
dedication, Resourcefulness and leadership.
7) Acquire managerial skills, delegation of duties to Complete Complete
Paramedical staff and other health professionals.
II. TALUQA HOSPITAL
Besides clinical skill, in evaluation of patient in the
Environment and initiation of primary care, an Intern
Shall:-
1) effective participate with other members of the health team
Complete Complete
with qualities of leadership;
2) make a community diagnosis in specific situations Complete Complete
Such as epidemics and institute relevant control measures for
communicable diseases;
3) Develop capability for analysis of hospital based Complete Complete
morbidity and mortality statistics.
4) Use essential drugs in the community with the Complete Complete
Awareness of availability, cost and side effects;
5) Provide health education to an individual/community
On:
a) tuberculosis; Complete Complete
b) small family, spacing, use of appropriate Complete Complete
contraceptives;
c) applied nutrition and care of mothers and children; Complete Complete
d) immunization; Complete Complete
e) Participation in school health programme Complete Complete
III. PRIMARY HEALTH CENTRE
1) Initiate or participate in family composite health care Partial Complete
(birth to death), Inventory of events;
2) Participation in all of the modules on field practice Partial Partial
for community health e.g. safe motherhood, nutrition
surveillance and rehabilitation, diarrhea disorders etc.
3) Acquire competence in diagnosis and management of Partial Partial
Common ailments e.g malaria, tuberculosis, enteric fever,
Congestive heart failure, hepatitis, meningitis acute renal
Failure etc.;
4) Acquire proficiency for Family Welfare Programmes Partial Partial
(ante natal care, normal delivery, contraception care
etc.)
ii. GENERAL MEDICINE
(I) Interns shall acquire following training during their term.
(1) acquire competence for clinical diagnosis based on Partial Complete
history physical examination and relevant
laboratory investigation and institute appropriate line of
management;
(2) this would include diseases common in tropics Complete Complete
(parasitic, bacterial or viral infections, nutritional
disorders, including dehydration and electrolyte
disturbances) and system illness
(II) The intern shall have assisted as a care team in intensive Partial Partial
Care of cardiac, respirator, hepatic, neurological
And metabolic emergencies.
(III) The intern shall be able to conduct the following
laboratory investigations:
(a) Blood: (Routine hematology smear and blood Partial Complete
groups);
(b) Urine: (Routine chemical and microscopic); Partial Complete
(c) Stool: (for ova/cyst and occult blood); Partial Complete
(d) Sputum and throat swab for gram stain or acid fast Partial Complete
Stain and
(e) Cerebro Spinal Fluid (CSF) for smear. Partial Complete
(IV) Conduct following diagnostic procedures:
(a) Urethral catheterization; Partial Complete
Proctoscopy; Ophthamoscopy/Otoscopy;
Indirect laryngoscopy;
(b) therapeutic procedures; Insertion of Ryle‟s Tube; Partial Complete
Pleural, "ascetic tap, Cerebro Spinal Fluid (CSF) tap,
installing or air way tube, Oxygen administration etc.
(V) Biopsy Procedures:
Liver, Kidney, Skin, Nerve, Lymph node, and muscle Partial Complete
biopsy, Bone marrow aspiration, biopsy of Malignant
lesions on surface, Nasal/nerve/skin smear for leprosy.
(VI)
(a) Familiarity with usage of life saving procedures: Partial Complete
including use of aspirator, respirator and defibrillator,
(b) Competence in interpretation of different monitoring Complete Complete
Devices such as cardiac monitor, blood gas analysis etc.
(VII) Participate as a team member in total health care Complete Complete
of an individual including appropriate follow-up and
social rehabilitation.
(VIII) Other competencies as indicated in general objectives.
iii. PAEDIATRICS
The details of the skills that an intern shall acquire during his/her tenure in the department of
Pediatrics are as follows:
The intern shall be able to:
(i) Diagnose and manage common childhood disorders Partial Complete
including neonatal disorders and acute emergencies
(enquiry from parents of sick children), examining
sick child making a record of information;
(ii) Carry out activities related to patient care Partial Complete
such as laboratory work, investigative procedures and
use of special equipment‟s. The details are given as
under:-
(a) Diagnosic techniques: blood (including from Partial Complete
femoral vein and umbilical cord), abscess, cerebrospinal
fluid, urine, pleura and peritoneum and common tissue
biopsy techniques
(b) Techniques related to patient care: immunization, Partial Complete
perfusion techniques, feeding procedures, tuberculin
testing & breast feeding counselling;
(c) Use of equipment: vital monitoring, Partial Complete
temperature monitoring, resuscitation at birth and
care of children receiving intensive care;
3) Screening of newborn babies and those with Complete Complete
objective risk factors for any anomalies and
steps for prevention in future
4) Plan in collaboration with parents and individual, Complete Complete
collective surveillance of growth and development
of new born babies, infants and children so that he/she is
able to:
a) Recognize growth abnormalities; Complete Complete
b) Recognize anomalies of psychomotor development; Complete Complete
c) Detect congenital abnormalities; Complete Complete
5) Assess nutritional and dietary status of infants and Complete Complete
children and organize prevention, detection and follow
up of deficiency disorders both at individual and
community level such as:
a) Protein-energy malnutrition Complete Complete
b) Deficiencies of vitamins especially A,B, C and D; Complete Complete
c) Iron deficiency; Complete Complete
6) Institute early management of common childhood Partial Complete
disorders with special reference to Pediatrics dosage
and oral rehydration therapy.
7) Participate actively in public health programme Complete Complete
oriented towards children in the community.
iv. GENERAL SURGERY
An intern is expected to acquire following skills during his/her posting:
A. Diagnose with reasonable accuracy all surgical illness Partial Complete
Including emergencies.
B. a) Resuscitate a critically injured patient and a severe Partial Complete
burns patient;
b) Control surface bleeding and manage open wound; Partial Complete
C. a) Monitor patients of head, spine, chest, abdominal Partial Complete
and pelvic injury;
b) Institute first-line management of acute abdomen; Partial Complete
D. a) Perform venesection; Partial Complete
b) Perform tracheostomy and endotracheal intubation; Partial Complete
c) Catheterize patients with acute retention or perform Partial Complete
trocar cystostomy,
d) Drain superficial abscesses, Partial Complete
e) Suturing of wound, Partial Complete
f) Perform circumcision, Partial Complete
g) Biopsy of surface tumors, Partial Complete
h) Perform vasectomy Partial Complete
CASUALTY:
The intern after training in Casualty must be able to:
1. Identify acute emergencies in various disciplines of Complete Complete
medical practice:
2. Manage acute anaphylactic shock; Not possible Complete
3. Manage peripheral-vascular failure and shock; Not possible Complete
4. Manage acute pulmonary edema and Left Ventricular Not possible Complete
failure (LVF);
5. Undertake emergency management of drowning Not possible Complete
poisonings and seizures;
6. Undertake emergency management of bronchial asthma and
Not possible Complete
status asthamaticus;
7. Undertake emergency management of hyperpyrexia; Partial Complete
8. Undertake emergency management of comatose Not possible Complete
patients regarding airways positioning,
prevention of aspiration and injuries;
9. Assess and administer emergency management of burns; Partial Complete
10. Assess and do emergency management of various Not possible Complete
trauma victims;
11. Identify medico legal cases and learn filling up forms Complete Complete
as well as complete other medico legal formalities in
cases of injury, poisoning, sexual offenses,
intoxication and other unnatural conditions.
vi. OBSTETRICS AND GYNAECOLOGY
Technical skills that interns are expected to learn:
1. Diagnosis of early pregnancy and provision of Partial Complete
ante-natal care;
2. Diagnosis of pathology of pregnancy related to;
a) Abortions; Partial Complete
b) Ectopic pregnancy; Partial Complete
c) Tumors complicating pregnancy; Partial Complete
d) Acute abdomen in early pregnancy; Partial Complete
e) Hyper emesis gravidarum; Partial Complete
3) Detection of high risk pregnancy cases and suitable Partial Complete
advise e.g PIH, hydramonios, ante partum
haemorrhage, multiple pregnancies, abnormal
presentations and intrauterine growth retardation;
4) Antenatal pelvic assessment and detection of Partial Complete
cephalopeliv disproportion;
5) Induction of labour and amniotomy under supervision; Partial Complete
6) Management of normal labour, detection of Partial Complete
abnormalities, post-partum haemorrhage and
repair of perennial tears;
7) Assist in forceps delivery; Not possible Complete
8) Assist in caesarean section and postoperative care Not possible Complete
Thereof;
9) Detection and management of abnormalities of lactation; Complete Complete
10) Perform non-stress test during pregnancy; Complete Complete
11) Per speculum, per vaginum and per rectal Partial Complete
examination for detection of common
congenital, inflammatory, neoplastic and
traumatic conditions of vulva, vagina, uterus and
ovaries;
12) Medico legal examination in Gynecology and obstetrics Partial Complete
13) To perform the following procedures:-
a. Dilation and curettage and fractional curettage; Not possible Complete
b. Endometrial biopsy; Not possible Complete
c. Endometrial aspiration; Not possible Complete
d. Pap smear collection; Not possible Complete
e. Intra Uterine Contraceptive Device (IUCD) insertion; Not possible Complete
f. Minilap ligation; Not possible Complete
g. Urethral catheterization; Not possible Complete
h. Suture removal in postoperative cases; Not possible Complete
i. Cervical punch biopsy; Not possible Complete
14. To assist in major abdominal and vaginal surgery cases Not possible Complete
In Obstetrics and Gynecology.
15. To assist in follow-up postoperative cases of obstetrics and
gynecology such as;
a) Colposcopy; Not possible Complete
b) Second trimester Medical Termination of Pregnancy Partial Complete
(MTP) procedures e.g. Emcredyl Prostaglandin
instillation;
16. To evaluate and prescribe oral contraceptive Complete Complete
vii. OTO THINO LARYNGOLOGY (ENT)
1. Interns shall acquire ability for a comprehensive Partial Complete
Diagnosis of common Ear, Nose and Throat (ENT)
Diseases including the emergencies and malignant
neoplasm of the head and neck
2. He/she shall acquire skills in the use of head mirror, Not possible Complete
otoscope and indirect laryngoscopy and first line of
management of common Ear, Nose and Throat (ENT)
problems;
3. He/she shall be able to carry out minor surgical
procedures such as;
a. Ear syringing antrum puncture and packing of the Not possible Complete
Nose for epistaxis,
b. Nasal doucing and packing of the external canal, Partial Complete
c. Remove the foreign bodies from the nose and ear Partial Complete
c. Observed or assisted in various endoscopic procedures and
Not possible Complete
trachesotomy;
4. An item shall have participated as a team member in the Complete Complete
Community diagnosis e.g Chronic Suppurative Otitis
Media (CSOM) and be aware of national
programme on prevention of deafness
5. He/she shall possess knowledge of various ENT Complete Complete
rehabilitative programmes
viii. OPHTHALMOLOGY
1. He/she shall be able to diagnose and manage common Not possible Complete
Ophthalmological conditions such as:- Trauma, Acute
Conjunctivitis, allergic conjunctivitis, xerosis,
entropion, corneal ulcer, iridocyclitis, myopia,
hypermetropia, cataract, glaucoma, ocular injury and
sudden loss of vision;
2. He shall be able to carry out assessment of refractive Complete Complete
Errors and advise its correction;
3. He shall be able to diagnose ocular changes in Complete Complete
common systemic disorders;
4. He/she shall be able to perform investigative Partial Complete
procedures such as: Tonometry, syringing,
direct ophthalmoscopy, subjective refraction and
fluorescein staining of cornea.
5. He/she shall have carried out or assisted the following Not possible Complete
Procedures;
i. Subconjunctival injection;
ii. Ocular bandaging;
iii Removal of concretions;
iv Epilation and electrolysis;
v Corneal foreign body removal;
vi Cauterization of corneal ulcers;
vii Chalazion removal;
viii Entropion correction;
ix Suturing conjunctival tears;
x Lids repair
xi Glaucoma surgery (assisted);
xii Enucleation of eye in cadaver;
6. He/she shall have full knowledge on available Complete Complete
methods for rehabilitation of the blind
ix. ORTHOPAEDICS; GOAL:
The aim of teaching the undergraduate student in Orthopedics and Rehabilitation is to
Impart such knowledge and skills that my enable him to diagnose and treat common
Ailments. He shall have ability to diagnose and suspect presence of fracture,
Dislocation, actual osteomyelitis, acute poliomyelitis and common congenital
deformities such as congenital talipesequinovarus (CTEV) and dislocation of hip
(CDH).
A. THERAPEUTIC- An intern must know:
a. Splinting (plaster slab) for the purpose of emergency Partial Complete
splintage, definitive splintage and post-operative
splintage and application of Thomas splint;
b. Manual reduction of common fractures-phalangeal, Not possible Complete
Metacarpal, metatarsal and Colles‟s frature;
c. Manual reduction of common dislocations- inter- Not possible Complete
phalangeal, metacarpophalangeal, elbow and shoulder
dislocations;
d. Plaster cast application for un-displaced fractures of arm, Partial Complete
fore arm, leg and ankle;
e. Emergency care of a multiple injury patient; Not possible Complete
f. Precautions about transport and bed care of spinal cord Not possible Complete
injury patients
B. SKILL THAT AN INTERN SHOULD BE ABLE TO PERFORM
UNDER SUPERVISION:
1. Advise about prognosis of poliomyelitis, cerebral palsy, Complete Complete
CTEV and CDH;
2. Advise about rehabilitation of amputees and Complete Complete
mutilating traumatic ad leprosy deformities of hand;
C. An intern must have observed or preferably assisted
at the following operations:
1. Drainage for acute osteomyelitis; Partial Complete
2. Sequestrectomy in chronic osteomyelitis; Partial Complete
3. Application of external fixation; Partial Complete
4. Internal fixation of fractures of long bones. Partial Complete
x. DERMATOLOGY AND SEXUALLY TRANSMITTED DISEASES
1. Conduct proper clinical examination; elicit and Complete Complete
interpret physical findings, and diagnose common
disorders and emergencies.
2. Perform simple, routine investigative procedures for Complete Complete
Making bedside diagnosis, specially the examination
Of scraping for fungus, preparation of slit smears and
Staining for AFB for leprosy patient and for STD cases;
3. Take a skin biopsy for diagnostic purpose; Partial Complete
4. Manage common diseases recognizing the need for Complete Complete
referral for specialized care in case of
inappropriateness of therapeutic response.
xi. PSYCHIATRY
An intern must be able to:
1. Diagnose and manage common psychiatric disorders; Complete Complete
2. Identify and manage psychological reaction and Complete Complete
psychiatric disorders in medical and surgical
patients in clinical practice and community setting.
xii. TUBERCULOSIS AND RESPIRATORY DISEASES:
An intern after training must be able to:-
1. Conducting proper clinical examination, elicit and Partial Complete
Interpret clinical findings and diagnose common respiratory
disorders and emergencies;
2. Perform simple, routine investigative procedures Partial Complete
required for making bed side diagnosis, specially
sputum collection, examination for etiological
organism like AFB, interpretation of chest
X-rays and respiratory function tests;
3. Interpret and manage various blood gases Complete Complete
and pH abnormalities in various respiratory diseases;
4. Manage common diseases recognizing need for referral Complete Complete
for specialized care in case of inappropriateness of
therapeutic response;
5. Perform common procedures like laryngoscopy, Not possible Complete
pleural aspiration, respiratory physiotherapy,
laryngeal intubation and pneumo-throcic drainage
aspiration.
xiii. ANAESTHESIA:
After the internship in the department of Aneshesiology an intern shall acquire
knowledge, skill and attitude to:
1. Perform pre-anestheticcheck up and prescribe Not possible Complete
pre-anesthetic medications;
2. Perform venepuncture and set up intravenous drip; Not possible Complete
3. Perform laryngoscopy and endotracheal intubation; Not possible Complete
4. Perform lumbar puncture, spinal anesthesia and simple Not possible Complete
nerve blocks;
5. Conduct simple general as aesthetic procedures under Not possible Complete
supervision;
6. Monitor patients during anesthesia and post-operative Complete Complete
Period;
7. Recognize and manage problems associated with Not possible Complete
emergency anesthesia;
8. Maintain anesthetic records; Complete Complete
9. Recognize and treat complication in post-operative Partial Complete
period;
10. Perform cardio-pulmonary brain resuscitation (CPBR)
Not possible Complete
correctly, including recognition of cardiac arrest.
xiv. RADIO-DIAGNOSIS
An intern after training must be able to identify and
diagnose:
1. all aspects of „Emergency Room‟ Radiology like- Complete Complete
a. All acute abdominal conditions; Complete Complete
b. All acute traumatic conditions with emphasis on head Complete Complete
Injuries;
c. Differentiation between Medical and surgical radiological
Complete Complete
emergencies;
2. Basic hazards and precautions in Radio-diagnostic Complete Complete
Practices.
xv. PHYSICAL MEDICINE AND REHABILITATION:
An intern is expected to acquire the following skills
During his/her internship:-
1. Competence for clinical diagnosis based on details Not possible Complete
history an assessment of common disabling
conditions like poliomyelitis, cerebral palsy,
hemiplegia, paraplegia, amputations etc.
2. Participation as a team member in total rehabilitation Partial Complete
Including appropriate follow up of common
disabling conditions;
3. Principles and procedures of fabrication and repair of Partial Complete
artificial limbs and appliances;
4. Various therapeutic modalities; Partial Complete
5. Use of self-help devices and splints and mobility aids; Partial Complete
6. Familiarity with accessibility problems and home Partial Complete
making for disabled;
7. Ability to demonstrate simple exercise therapy in Partial Complete
common conditions like prevention of deformity in
polio, stump exercise in an amputee etc
xvi. FORENSIC MEDICINE AND TOXICOLOGY
The intern is to be posted in the casualty department of the hospital while attached under
Forensic Medicine Department with the following objectives:
1. To identify medico legal problem in a hospital and Complete Complete
general practice;
2. To identify and learn medico legal responsibilities Complete Complete
of a medical man in various hospital situations;
3. To be able to diagnose and learn management of basic Complete Complete
poisoning conditions in the community.
4. To learn how to handle cases of sexual assault; Complete Complete
5. To be able to prepare medico-legal reports in various Complete Complete
Medico legal situations;
6. To learn various medico legal post mortem Not possible Complete
procedures and formalities during its performance by
police.
18. Based on the aforesaid, the proposal of the Sub-Committee is as under:-
"PROPOSAL (lower limb disability)
Thus, although a person with lower limb disability cannot
acquire 4 out of 6 specific objectives of internship, however, as
he is able to acquire discipline-wise competencies, hence a
person with disability of lower limb can pursue medical
education. Hence, the existing provision in Graduate Medical
Education Regulation, 1997 is appropriate and does not require
any revision. However, as the determination of disability under
the PWD Act is organic hence the reduction of disability with
prosthetics cannot be considered to be a ground for persons with
disability above 70% to be eligible to pursue medical
education."
19. From the perusal of the proposal, it is noted that the Sub-Committee has
proposed that the person with disability of lower limb can pursue medical
education. But at the same time, the further reason given by the Sub-Committee
that the determination of disability under PWD Act is organic, hence the
reduction of disability with prosthetic limb, cannot be considered to be a ground
for persons with disability above 70% to be eligible to pursue medical education
as untenable inasmuch as the chart above (page 27) reveals (i) the functions
considered therein, relate to the internship; except (iii) others relate to
demonstrative skills, leadership skills, communicative skills with chronically sick
and disabled (both physical and mental), which to say, are not possessed by a
person with locomotary disability, is not acceptable. Rather, it is seen, that such
persons have more motivational skills, leadership qualities. The views are
general in nature without any basis and should not come in the way to grant the
benefits to the physically challenged persons. Insofar as (iii) is concerned, the
reason given is not germane to bar a person with locomotary disability to attain
basic qualification of MBBS. The guidelines do not specify determination of
disability shall be with or without external aid. In the absence of such a
stipulation, the contention of the petitioner that such determination need to be
with the help of external aid is appealing for the following reasons.
(i) The petitioner having disability of 80% is a more appropriate case to be given
benefit of the Act;
(ii) It is not a case of a 100% disability;
(iii) With the external aid/prosthetic limb, the disability would come within the
range as permissible under the Regulation i.e between 40/50-70%;
(iv) The Sub-Committee (as referred above) has stated that a person with
locomotor disability of lower limbs can pursue medical education.
20. As has been stated above, being a welfare legislation, surely the same
needs to be given a purposive interpretation, inasmuch as to give benefit to a
person with disability so that he/she don‟t feel less privileged than a normal
person. Moreover, we find that the petitioner has a brilliant academic carrier and
has also qualified the NEET examination but for the disability, she would have
got the admission in the course. In this regard, we may note the following
judgments.
21. In the case reported as 180 (2011) DLT 351 (DB) Bata India Ltd v. Union
of India and others, a Division Bench of this court, had, in turn, referred to
various decisions of the Supreme Court to arrive at the conclusion that a
beneficial legislation is to be interpreted in favour of the beneficiaries when it is
possible to take two views of a provision. The first decision referred to in Bata
India Ltd (supra) was that of Bharat Singh v. Management of New Delhi
Tuberculosis Centre, New Delhi and Others: 1986 (2) SCC 614, wherein the
Supreme Court held as under:-
"... Now, it is trite to say that acts aimed at social amelioration
giving benefits for the have-nots should receive liberal construction.
It is always the duty of the Court to give such a construction to a
statute as would promote the purpose or object of the Act. A
construction that promotes the purpose of the legislation should be
preferred to a literal construction. A construction which would
defeat the rights of have-nots and the underdog and which would
lead to injustice should always be avoided. ..."
22. In the case reported as 2003 (4) SCC 27 S.M. Nilajkar & others v.
Telecom District Manager, Karnataka; another decision referred to in Bata India
Limited (supra), the Supreme Court observed as under:-
"12 ...It is well settled by a catena of decisions that labour laws
being beneficial pieces of legislation are to be interpreted in favour
of the beneficiaries in case of doubt or where it is possible to take
two views of a provision..."
23. In the case reported as 156(2009 DLT 446 (DB) National Federation of
the Blind v. Union of India and others; the Supreme Court held as under:-
"16. The Disabilities Act was enacted for protection of the rights of
the disabled in various spheres like education, training, employment
and to remove any discrimination against them in the sharing of
development benefits vis-a-vis non-disabled persons. In the light of
the legislative aim it is necessary to give purposive interpretation to
Section 33 with a view to achieve the legislative intendment of
attaining equalization of opportunities for persons with disabilities.
..."
24. In the case reported as 2003 (4) SCC 524 Kunal Singh v. Union of India
and another; the Supreme Court has held as under:-
"9. ... In construing a provision of a social beneficial enactment that
too dealing with disabled persons intended to give them equal
opportunities, protection of rights and full participation, the view
that advances the object of the Act and serves its purpose must be
preferred to the one which obstructs the object and paralyses the
purpose of the Act. Language of Section 47 is plain and certain
casting statutory obligation on the employer to protect an employee
acquiring disability during service."
Relief:-
25. Before concluding, we may only state here that the petitioner was a
successful candidate for the academic year starting 2013-2014. At this point of
time, no direction can be issued to give admission to the petitioner on the basis of
the said examination. The only direction that can be given is, in view of our
discussion, the respondent shall not deny admission to the petitioner if she is
successful in a future NEET examination on the ground that she has a disability
of 80%. The respondent shall be at liberty to assess the disability of the petitioner
through the process of external aid/prosthetic limb, if the need arises. The writ
petition is allowed. There shall be no order as to costs.
(V.KAMESWAR RAO)
JUDGE
(BADAR DURREZ AHMED)
JUDGE
MAY 31, 2016
ak
