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The court had granted the candidate interim relief in May by directing the DMER to grant her provisional admission in the remaining seats.
Saroj Yadav, who suffers from post polio residual paralysis of the right hand of upper limb between the shoulder and the elbow, has completed MBBS from Grant Medical College and is currently pursuing PG course in radiology which was opposed by the MCI.
On Monday, a division bench comprising Justice S B Mhase and Justice Ashutosh Kumbhakoni stated that if MCI did not take any action then the court will.
Yadav’s lawyer contended that MCI has imposed a blanket ban on admission to candidates with upper limb disabilities. According to MCI rule, such candidates are not eligible for admission to MBBS course, too. However, the court observed that Yadav had infact finished MBBS with first rank in the disabled category and had also performed surgeries during the course.
“Your client (Yadav) has proved that the rule is bad,” Justice Kumbhakoni said.
The counsel for the MCI submitted that this is the first case where such a complication has occurred. The court stated that the issue should not be stretched and the MCI should be fair to the candidate.
It was her ‘desire’ to pursue a career in medical that made her appear for the post graduation common entrance test (PG-CET) conducted by the DMER in January 2008.
“I wanted to do medicine, but because of this rule I’ve decided to go for radiology,” Yadav told Newsline.
Saroj stated that to her “utter shock and surprise” she did not find her name in the list of candidates selected for the course.
Saroj’s written submissions before the court stated that she was not eligible for admission to the postgraduate medical course even though she had secured the first rank in the physically handicapped category and 552nd in the overall general category.
She stated that she was certified medically fit by experts of the Medical Board of DMER to undergo professional training course despite her disability. She had further contended that she was keen to pursue only non-surgical or non-clinical courses offered by the post-graduate medical curriculum which suit her purpose. She finally pleaded that the guidelines ought to be interpreted at par with the constitutional rights which include the Right to Education.


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