Gujarat high court turns down plea of disabled students –

Times of India

Aug 22, 2018,

AHMEDABAD: The Gujarat high court on Tuesday rejected a petition of three
students with disability for admission in MBBS course under quota meant for
the physically handicapped. The court said that the candidate may be
meritorious, but the state government has power to adjudge suitability of a
physically challenged person to pursue medical studies. These students
approached the HC after the medical board and an appellate authority
rejected their case that they are suitable to pursue studies in medicine.
The first of these student Ganesh Baraiya from Talaja in Bhavnagar district
is of a short stature with height of 109 cm. His disability has been
adjudged at 72%. Second student Muskan Shaikh is from Vadodara, whose
amputated hand left her 75% disabled. Third student, Hina Mevasiya from
Jasdan town in Rajkot district is suffering from paraplegia with having
disability in her left hand. She has been declared 50% disable, stated
their petition. They placed reliance on the Right of Persons with
Disabilities Act, 2016. A committee constituted under this law has said
that all persons with physical disability between 40% and 80% are eligible
for admission in medical courses. Opposing the petitioners’ contentions,
government pleader Manisha Shah submitted that MCI (Medical Council of
India) has laid down guidelines about certain disabilities, which are not
suitable for medical studies and profession. The state government has
authority to check suitability of candidate for this stream. After hearing
the case, the HC said that the government was right in adjudging
suitability of the candidate for the purpose of admission in MBBS.



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