*Can’t keep out med aspirants with low vision, says apex court*

·         The Times of India (Mumbai edition)

·         28 Aug 2018

New Delhi: After paving the way for the colour-blind to pursue medical
studies, the SC has now allowed aspiring medical students suffering from
low vision to get admission, saying the present law did not bar them from
becoming a doctor. A bench of Justices Arun Mishra and Indira Banerjee came
to the rescue of an Ahmedabad-based student who was denied admission in a
medical college despite qualifying NEET 2018 with a rank of 419 in the
physically handicapped category.

The court brushed aside the MCI’s contention that persons with visual
impairment of 40% or more could not be admitted to undergraduate medical
courses and the beneficial provision of the Rights of Persons with
Disabilities Act, which provides reservation for the differently-abled,
could not be invoked in MBBS/BDS courses.

The petitioner, Purswani Ashutosh, moved SC through his advocate Govind Jee
after failing to get a disability certificate, needed for counselling for
admission in a medical college. During the pendency of the case in SC, MCI
constituted a committee which opined that persons with visual impairment of
40% or more could not be admitted to undergraduate medical courses. But the
bench refused to accept the committee’s recommendation and said the
existing rule allowed students with low vision to get admission and it must
be followed by MCI and medical colleges.

“The Medical Education Regulations framed under Section 33 of the Medical
Council Act, 1956 have statutory force and are binding on the MCI. The
Committee cannot override the Medical Education Regulations,” the bench
said while noting that the regulations had not yet been amended by the MCI.



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