Disability Cannot Be a Barrier to Medical Education if It Doesn't Impede Course Pursuit: Punjab & Haryana High Court - 2025-01-10

Disability No Bar for Medical PG Courses if It Doesn't Hinder Studies, Rules Punjab & Haryana High Court

Chandigarh – The Punjab and Haryana High Court has delivered a significant ruling affirming the rights of students with disabilities, directing medical colleges to grant admission to two doctors who were previously declared unfit for postgraduate courses. The Court, comprising Justice Augustine George Masih and Justice Ashok Kumar Verma, held that a candidate's disability should not be a barrier to pursuing a medical course as long as it does not impede their ability to complete their studies.

The bench based its decision on the expert opinion of a specially constituted medical board at the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, and reinforced principles recently laid down by the Supreme Court of India.

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The Case Background

The Court was hearing two separate writ petitions filed by Dr. Shushant and Dr. Chandanpreet Kamboj, both of whom had been denied admission to their chosen postgraduate medical specializations despite qualifying for them.

• Dr. Shushant was denied admission to the M.S. (General Surgery) program at Pt. Bhagwat Dayal Sharma PGIMS, Rohtak, after a medical board declared him "unfit." His disability involved a partial amputation of his right index finger.
• Dr. Chandanpreet Kamboj was deemed "not eligible" for the M.D. (Radio Diagnosis) course at Government Medical College, Patiala. She had a disability resulting from a crush injury to her left forearm.

Both petitioners challenged the decisions of their respective institutional medical boards, arguing that their physical conditions would not prevent them from successfully completing their courses.

Court's Intervention and Reliance on Supreme Court Precedent

In an earlier hearing, the High Court, acknowledging the absence of an appellate medical body to review such decisions, took proactive steps. Citing the Supreme Court's landmark judgment in Vidhushma K. and Anr. v. State of Kerala and Ors. , the Court directed the Medical Superintendent of PGIMER, Chandigarh, to form an independent medical board to re-evaluate the petitioners' fitness.

The Supreme Court in Vidhushma K. had established that the assessment must focus on whether a disability would specifically hinder the pursuit of the chosen medical course, not on the candidate's general physical abilities.

Findings of the Expert Medical Board

The PGIMER medical board conducted a thorough examination of both doctors and concluded that their disabilities would not interfere with their academic pursuits.

• For Dr. Shushant , the board found that despite the partial amputation of his right index finger, he could perform surgical tasks like knotting smoothly and had a normal grip. The committee opined that he "may pursue the course of M.S. General Surgery, and the disability would not come in the way of pursuing the course."
• Similarly, for Dr. Chandanpreet Kamboj , the board determined that she could perform fine activities with both hands, including buttoning/unbuttoning and weight-bearing tasks. It concluded that she "may pursue the course of M.D. radio diagnosis, and the disability would not come in the way of pursuing the course."

Final Verdict and Directions

Based on the unambiguous and positive findings of the expert board, the High Court allowed both petitions.

1. The Court directed the concerned medical colleges to grant admission to Dr. Shushant in M.S. (General Surgery) and Dr. Chandanpreet Kamboj in M.D. (Radio Diagnosis) forthwith.
2. In Dr. Kamboj's case, where another student had been admitted to the seat in the interim, the Court ordered the cancellation of that admission to make way for the petitioner, who was rightfully entitled to it. The Court noted that the substitute candidate was informed that their admission was subject to the outcome of the writ petition.
3. Recognizing a systemic gap, the Court directed the National Medical Commission (NMC) to ensure the creation of an Appellate Medical Body, as mandated by the Supreme Court, to prevent similar situations from arising in the future.

This judgment serves as a crucial reaffirmation of the rights of individuals with disabilities, ensuring that medical admission processes are based on capability and not on prejudice.