Showing posts with label Dr. Satendra Singh. Show all posts
Showing posts with label Dr. Satendra Singh. Show all posts

Friday, October 25, 2024

Supreme Court Allows Candidate with Muscular Dystrophy to Participate in NEET-UG 2024 Counselling

Court: Supreme Court of India

Bench: Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra

Case Title: OM Rathod Versus The Director General of Health Services and Others 

Case No: SLP(C) No. 21942/2024

Date of Judgement: 25 Oct 2024

Summary

In a landmark judgment, the Supreme Court of India on October 25, 2024, allowed a candidate with muscular dystrophy to participate in the ongoing NEET-UG 2024 counselling. The candidate, who has an 88% disability due to muscular dystrophy, had previously been disqualified from pursuing an MBBS degree under the National Medical Council (NMC) guidelines. These guidelines stipulate that individuals with muscular dystrophy must have a disability level below 80% to qualify for the MBBS course.

The Supreme Court bench, led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, took into consideration an expert report suggesting that the candidate could successfully undertake the MBBS program with the help of assistive devices. The Court’s judgment is a significant moment in recognizing the rights of persons with disabilities in medical education.

Background of the Case

Muscular dystrophy is a progressive disease causing weakening and breakdown of muscles, which restricts physical activity. The petitioner, a NEET-UG 2024 candidate, achieved an impressive score of 601/720 despite the challenges posed by his condition. However, his 88% disability exceeded the threshold set by NMC guidelines, leading to his initial disqualification. The Bombay High Court previously upheld this decision, denying relief to the candidate.

Role of Expert Testimony

In a previous hearing, the Supreme Court invited Dr. Satendra Singh, himself a person with disability, Founder of Infinite Ability and an advocate for medical professionals with disabilities, to provide expert insights. Dr. Singh’s report concluded that, with assistive devices, the candidate could meet the requirements of the MBBS program. While the National Medical Council expressed some concerns over Dr. Singh’s expertise in muscular dystrophy specifically, it did not object to the candidate’s admission.

Justice JB Pardiwala, addressing the NMC’s concerns, advocated for a compassionate view, stating, “There are two reports now, give him a chance!”

Supreme Court's Decision and Observations

The Court’s decision allows the candidate to proceed with NEET-UG 2024 counselling but notes that the order is case-specific and should not be treated as a legal precedent. Chief Justice Chandrachud clarified, "This order is passed in the facts and circumstances of the case of the petitioner and shall not be construed as a concluding express opinion by this Court on the issues of law that may arise in an appropriate case."

The Court further pointed out a gap in the assessment of disability with assistive devices, referencing the Government of India’s Gazette notification (March 2024), which lacks guidelines for disability evaluation in such contexts. This observation may potentially lead to regulatory improvements in assessing persons with disabilities seeking admission to educational and professional courses.

Advocacy for Inclusive Medical Education

The ruling underscores the Supreme Court’s evolving stance on inclusivity in medical education. Recently, the Court had ruled that a benchmark disability should not be a sole disqualification for MBBS admission. This order reinforces the principle that capable students with disabilities deserve equitable opportunities, provided that their needs for assistive support can be reasonably accommodated.

Moving Forward

The Supreme Court’s directive in  highlights the pressing need for inclusive education policies, especially in fields like medicine, where physical challenges often lead to discrimination. This case marks another step towards a more inclusive educational system that acknowledges the potential of individuals with disabilities to contribute meaningfully to society.

This decision resonates with advocates for disability rights, as it reflects the Court’s willingness to adapt legal interpretations in response to technological and social advancements, especially in assistive devices. The judgment has set a powerful example, encouraging policymakers to create more inclusive opportunities for individuals with disabilities in medical and other professional fields. 

This case serves as a reminder that the pursuit of equality is ongoing, with each judgment adding strength to the movement for inclusivity in Indian education and beyond.

Judgement: OM Rathod Versus The Director General of Health Services and Others [SLP(C) No. 21942/2024]

Friday, October 10, 2014

Chief Commissioner Disabilities directs UPSC to withdraw discriminatory performa

UPSC asked to withdraw ‘discriminatory proforma’

The Court of Chief Commissioner for Persons with Disability has directed the Union Public Service Commission (UPSC) to withdraw its “discriminatory performa”. It has directed the UPSC to refrain from asking persons with disabilities to submit photographs showing their disabilities and to consider the ‘permanent disability certificate’ issued from a government hospital as a valid proof.

The action comes following an intervention by Dr. Satendra Singh, who has been working in the area of disability rights and had written to the UPSC against “its discriminatory policies”.

“Despite having a valid disability certificate, the UPSC asks all applicants to use their own format for disability certificate. This is against the existing guidelines but nobody challenged the UPSC. Moreover, the format asks applicants to paste ‘photo showing disability’, which is not only discriminatory but also infringement of right to privacy. An example – how can an amputee female attach her photograph?’’ asked Dr. Singh.

He added that in a follow-up to his complaint, he also quoted the Amended Persons with Disabilities Rules 2009, which were circulated to all the Ministries/Departments (Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social Justice and Empowerment’s notification in November 2013.

“The amended rules show the format to be used for disability certificate and none of them asks ‘to showcase disability’,” said the physician.

He further pointed out that Rule 6 of the same order clearly states that a certificate issued under Rule 4 is to be generally valid for all purpose. “When a person already has a valid government certificate of permanent disability why does he have to get his disability certificate again in the prescribed form of the UPSC?’’ questioned Dr. Singh.

Source: The Hindu


Wednesday, August 20, 2014

CCPD directs Election Commission of India to make its website accessible within 30 days

EC warned to make website differently-abled friendly

New Delhi, August 18, 2014

Pressure from disability rights activists has prompted the Court of the Chief Commissioner for Persons with Disabilities to issue a stern warning and ultimatum to the Election Commission of India (ECI) asking it to make its website user friendly for persons with disabilities.

The ECI has been given a 30-day deadline (from July 31 onwards) to comply and make amends.

Dr. Satendra Singh, a polio survivor and assistant professor of physiology at the University College of Medical Sciences and Guru Tegh Bahadur Hospital, Delhi, who has been pursuing the case said: “The ECI has been directed to intimate the Court of the Chief Commissioner for Persons with Disabilities within 30 days about the action taken on the direction.”

Dr. Singh added that while Delhi has made its website accessible for persons with disability the same has not been made available to the rest of the country.

“The visually impaired need to have a user-friendly website to ensure that they are able to make an informed choice before voting. Though we have been appealing to the ECI since December last year there has been no response from them,” said Dr. Singh.

“Despite my letters, the ECI did not budge and did not make their website accessible to differently-abled voters. There are Prime Minister Office (PMO) orders as well as guidelines whereby all government institutions must make their websites accessible to the differently-abled. However, we are hoping that things will improve now,” said Dr. Singh.

Accusing the ECI of having violated the orders issued by the PMO in 2010, Dr. Singh said: “The current direction by the Court of the Chief Commissioner for Persons with Disabilities we hope will work favourably for the differently-abled and give them the right to vote in a well informed manner.’’

The visually impaired need to have a user-friendly website to ensure that they are able to make an informed choice before voting

Source: The Hindu