Soon after giving relief to a visually challenged girl wanting to pursue a course in physiotherapy, the Bombay High Court on Wednesday came to the aid of a differently-abled boy.
A division bench of Chief Justice Mohit Shah and Justice S.C. Dharmadhikari directed the Directorate of Medical Education and Research (DMER) to grant provisional admission to Mohammad Tarique Khan, who suffers from a permanent loco motor disability of the lower limb, to the four-year health science MBBS course.
The DMER had refused to admit the 19-year-old saying he was more than 75 per cent disabled.
Khan had got certificates from the All India Institute of Physical Medicine and Rehabilitation (AIIPMR) on July 25, 2007 and May 10, 2010, stating he was 50 per cent disabled.
The certificate also states it is a non-progressive disability.
The AIIPMR is an institute authorised by the Government of India and is listed in the DMER brochure as one of the institutes from where a candidate needs to acquire a disability certificate.
Despite this, the DMER sent him to JJ Hospital, Byculla, for an examination on July 6. The hospital gave Khan a certificate saying he was more than 75 per cent disabled.
Khan, meanwhile, had submitted the admission form. On July 16, he looked up the DMER’s website and discovered that he had been declared as “not eligible” and “unfit” in the list of candidates who had applied under the quota for the differently-abled.
Khan’s advocates, Nusrat Shah and A.K. Gupta, argued that the DMER’s reasoning contradicted the AIIPMR’s certificate. Shah argued that the certificate issued by the JJ hospital was incorrect.
“Besides, the certificate by AIIPMR would override the certificate given by JJ Hospital,” Shah said.
The government pleader argued that Khan could be sent again for another medical examination but Shah objected saying that would only waste more time.
Khan passed Class 12 from Maceline College, Kurla, with 68 per cent and SSC with 80.6 per cent.
He appeared for the state MH-CET in May and scored 121 marks out of 200. He stood second in Mumbai and seventh in the state in the differently-abled category.