Delhi High Court Orders Medical Examination Of Candidate With Amputated Fingers To Assess If She Can Study MBBS

The Delhi High Court today ordered AIIMS to conduct the medical examination of a medical aspirant with amputated fingers, and assess whether she is in a position to undertake the MBBS Course.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was of the view that the expression "both hands intact" used in the guidelines for admission of students with prescribed disability under the Rights of Persons with Disability Act with respect to MBBS course could be interpreted to include such cases where both hands may not actually be intact but the person does not suffer from lack of "essential functionality" necessary of duties either as a MBBS student or doctor.

"When there's a disability, the person tends to develop other skills. Even if one hand is amputated, they can be a radiologist...I know a person with only two fingers, and you can't make that out from her handwriting, there's no disability in terms of functionality," Justice Sanghi orally remarked.

The Court therefore ordered that the Petitioner, with disability namely amputation of thumb, index finger and part of middle finger of right hand, be subjected to medical examination by a board of experts at AIIMS on April 12.

The board has been specifically directed to examine whether the Petitioner would be able to function, discharge all essential functions expected of MBBS students and doctors.

The Court was hearing the plea of a medical aspirant, who had secured provisional admission in the Maulana Azad Medical College in MBBS course.

She is aggrieved with a disability certificate, issued to her by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, pegging her disability at 45%.

The Petitioner claimed that despite the amputation, she could use her hand with full capacity and the same was demonstrated from her past record, including her sports activities.

Earlier, the Court had ordered RML Hospital to examine her. However, RML's report dated March 17, 2022 also concluded that the extent of Petitioner's locomotor disability is at 49% and she is not eligible for admission in medical courses.

The Court noted that the eligibility guidelines prescribes both hands intact with intact sensation, sufficient strength and range of motion.

"The expression "both hands intact" used in the aforesaid regulation could be interpreted to be actual presence of both hands intact. They could also be interpreted broadly considering the fact that the regulations are part of a beneficial legislation, to include cases where both hands may not actually be intact but the person does not suffer from lack of essential functionality indicated of her duties either as MBBS student or doctor. We are therefore of the view that the Petitioner be subjected to another medical examination by a board of experts," the Court ordered.

Last month, the Court had ordered medical examination of an aspirant with temporary mental illness, to ascertain his ability to pursue MBBS. The case was closed as infructuous after his disability was found to be less than 40%, rendering him ineligible for reservation as a person with disability.

Case Title: Neha Pudil v. Union of India & Ors.