HC DIRECTS TO FORM PANEL TO RE-ASSESS MBBS DOCTOR DISABILITY

The Delhi High Court directed the Director of All India Institutes of Medical Sciences (AIIMS) to constitute a board of three experts in the relevant field to assess the petitioner’s (an MBBS Doctor) disability, who was recently declared as ineligible to study medical science.

The Petitioner, Dr Laxmi, a divyang doctor has approached Delhi High Court through advocate Gaurav Kumar Bansal, wherein she has challenged the Disability Certificate dated August 25 this year of the medical board of VMMC Safdarjung college declaring her unfit to study medical science.

The bench of Justice Sanjeev Narula on Thursday dated September 1, 2022, said it would be appropriate to have a second opinion in respect of the petitioner’s disability.

Justice Narula directed the Director of AIIMS, Delhi to constitute a board of three experts in the relevant field to assess the petitioner’s disability and specifically discern whether she would be able to perform the functions expected from a post-graduate specialist doctor and submit a detailed report to the Court in a sealed cover on or before the next date of hearing.

Court also said, while assessing the petitioner’s disability, the board shall take into consideration the contentions raised by counsel for the parties as well as the guidelines/ notification dated 13th March 2019.

Advocate Gaurav Kumar Bansal appeared for Dr Laxmi submitted that despite being a person with benchmark disability under the Rights of Persons with Disabilities Act, 2016, she has been declared ineligible to pursue the post-graduate level medical course, on the basis of a certificate of disability for NEET admissions dated 25th August 2022, issued by Vardhaman Mahavir Medical College & Safdarjung Hospital, New Delhi whereby she has been certified as a person with 100% disability.