Punjab & Haryana High Court Directs NMC To Create Appellate Body To Address Disability Disputes In Medical Admissions

The Punjab & Haryana High Court has directed the National Medical Commission to ensure creation of Appellate Medical Body to address disputes related to disability certificates for medical admissions.

The developments comes while hearing pleas of two disabled medical course student who challenged the the Medical Board's decision whereby they were declared 'unfit' for admission to M.S. General Surgery.

Chief Justice Sheel Nagu and Justice Sudhir Singh found that as per the opinion of PGIMER's Medical Board, Chandigarh the petitioners could pursue M.S. General Surgery and M.D. Radio Diagnosis courses, respectively, and the disability suffered by them would not come in their way to pursue the said courses.

The petitioners, Dr Sushank and Dr Chandanpreet Kamboj, had applied for admission to MS general surgery course at Pt BD Sharma Post Graduate Institute of Medical Sciences (PGIMS), Rohtak, and the MD radiodiagnosis course at Government Medical College, Patiala, respectively. Both the candidates were denied admission based on negative disability assessments by the medical boards.

While noting that there was no Appellate Body for reviewing the decision of the Medical Board, the Court had directed the Medical Superintendent, PGIMER, Chandigarh, to constitute a Board of Doctors to give opinion as regards physical fitness of both the petitioners for pursuing their respective courses.

The Medical Board had opined that both the petitioners are fit for the course.

Speaking for the bench Chief Justice Sheel Nagu said, "National Medical Commission is, hereby, directed to ensure creation of Appellate Medical Body, so that instances of such cases do not arise in future."

Mr. Siddharth Gupta, Advocate, for the petitioner in both the petitions.

Mr. Anil Chawla, Senior Panel Counsel, UOI, for respondents No.1 and 4 in CWP-33097-2024 and for respondent No.4 in CWP-33520-2024.

Mr. Salil Sabhlok, Senior DAG, Punjab in CWP-33520-2024.

Mr. Ravi Sharma, Senior Standing Counsel, MCI, for respondents No.2 and 3 in both the petitions.

Mr. Aditya Grover, Advocate, for Mr. Harmanjot Singh Gill, Advocate, for respondent No.5 in CWP-33097-2024.

Mr. Nitin Kaushal, Advocate, for respondent No.5 in CWP-33520-2024.

Title: Dr. Sushank v. Union of India and others

Citation: 2025 LiveLaw (PH) 30

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