What If Student Loses One Arm Mid-Course? Telangana High Court Asks In Plea Challenging 'Both Hands Intact' Requirement For MBBS Admissions

The Telangana High Court has granted 4 weeks time to the Union Ministry of Health and Family Welfare, National Testing Agency and the Union Department of Empowerment of Persons with Disabilities and Social Justice to file their response to a writ petition challenging the Regulation stipulating "both hands intact with sensation, sufficient strength and range of motion" as essential to be considered for medical course of MBBS.

The Bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti also directed the counsel to seek instructions on what would happen if a student loses one arm, subsequent to his or her admission into the MBBS course.

"If the student was not disabled but loses a hand during the course, what will you do?" Justice Anil Kumar Jukanti questioned.

The writ petition was filed in the year 2022 by a medical aspirant who suffers from locomotive disability to the extent of 75%.

The petitioner had contended that despite his disability, he had a fully functionally right hand and was capable of discharging all his duties. He sought to challenge the regulation contained in Appendix H1 titled 'Guidelines regarding Admissions of students with Specific Disabilities with respect to admission in MBBS Course' that required an aspirant to have both functional hands as a mandatory eligibility criteria to appear for NEET.

After hearing the petitioner, the Bench had passed an interim order in November 2022 permitting him to appear for the NEET examination and the subsequent counselling.

When the matter was taken up today, the Union authorities sought time for filing a counter. The Bench allowed the request and directed the registry to post this matter with another writ petition filed by another medical aspirant with 40% locomotive disability challenging the same regulation.

Case no.: WP 38240 of 2022

Counsel for petitioner: K. Khamar Kiran appearing on behalf of Mohammad Omer Farooq.

Counsel for respondents: K.L.N. Raghavendra Reddy , Gorantla Sri Ranga Pujitha

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