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HC stays publication of first merit list for PG medical courses

By Kanchan Chaudhari, Mumbai
PUBLISHED ON APR 23, 2020 11:15 PM IST

The Bombay high court (HC) on Thursday stayed the publication of Maharashtra’s first merit list for admissions to postgraduate (PG) medical courses that was to be published on Friday.

Justice SJ Kathawalla passed the order on separate petitions filed by two PG aspirants through advocate Madhav Thorat.

One of the petitioners, Dr Rajdeep Deshmukh, has sought admission to a non-surgical PG course through ‘physically handicapped’ category, as he is affected by congenital deformity, leading to the shortening of index and middle fingers of both his hands and toes.

Dr Deshmukh moved HC after he was declared ineligible for admissions to the course. He contended that despite the deformity, his functional capacity of upper limbs is very strong and he is able to carry out all the routine activities without any difficulty.

“In other words he does not have any functional impairment of upper limbs inasmuch as there is only shortening of the fingers and not absence of limb or fingers,” said his petition.

Thorat pointed out that Dr Deshmukh was admitted to the MBBS (Bachelor of Medicine and Bachelor of Surgery) course through physically handicapped category, pursuant to the order passed by the HC. He further pointed out that the court allowed him to pursue medical education in spite of the deformity in upper limbs after experts said he can undertake general practice and can also choose non-surgical branch for PG studies.

The other petitioner, Dr Abhinav Bhute, has challenged the government resolution (GR) issued by the medical education department on March 19 last year, granting only 4 ℅ of the additional weightage to in-service candidates who have rendered service in rural areas, instead of the 10℅ weightage given by the Medical Council of India (MCI).

Thorat pointed out that the MCI had in April 2018 issued a notification granting 10℅ additional weightage per year of service, subject to cap of 30℅, to candidates serving in tribal areas, difficult terrains and rural areas.

Bhute has served in rural areas for six years and accordingly sought 30℅ additional weightage last year. But when the department refused to give him the 30% weightage, he moved HC. The court had on March 12 last year directed the state government to extend additional weightage as contemplated by MCI notification to in-service candidates who have served in rural areas. But despite the HC’s direction, the department has refused to give the 30% weightage to Bhute, Thorat added.

After assistant government pleader sought time to respond to the petitions, justice Kathawalla posted the petitions for further hearing on Monday and till then stayed release of the first merit list.

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