New Delhi: The Delhi High Court denied yesterday a petition filed by a physically handicapped aspirant, who was seeking relaxation in the eligibility criteria for the enrollment in University of Delhi’s medical programme - Bachelor of Medicine and Bachelor of Surgery (MBBS).
A division bench of Justices Badar Durrez Ahmed and Veena Birbal said that according to Indian Medical Council Act, 1956, physically disabled people should have all the rights, privileges and benefits that they are not discriminated on any ground within the social mainstream.
Moreover, the Court disagreed with the petitioner claiming for parity with the SC/ST candidates regarding the relaxation in the minimum marks required for admission. The division bench said that the MCI (Medical Council of India) has all the authority to regularize minimum standards of medical education and not the court, because it does not have experience to do so.
The petition was filed before the court by Mohammad Shah Afzal, after he was denied admission in the MBBS programme by the University of Delhi. Mohammad Shah Afzal suffers from 65 percent orthopedic disability. Therefore, he demanded physically handicapped candidates should be treated at par with the candidates from SC/ST categories.
Afzal had secured 41.5 % marks in Delhi University's medical entrance examination in 2008, but the marks were less than the minimum eligibility criteria (50%), which were set by the MCI. In 2009, he reappeared for the entrance exam and secured 37% marks. Then he filed petition that despite the 3% reservation for the physically disabled candidates, they are unable to qualify due to the higher qualifying percentage.
He first approached the chief commissioner for persons with disabilities, who directed the university and the MCI to extend the relaxation for the physically handicapped candidates. But, the University clarified that it is against the rules and regulations set up by the MCI.
