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Relief for disabled PG medical students

Authorities have been directed by the court to consider their application for non clinical and para clinical courses, under the physically disabled category, on the basis of their performance in the CET.

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Two physically disabled students, who have topped the common entrance test (CET) and completed their under graduate course in medical and dental, and wanted to pursue post graduate courses, got a major relief from the Bombay high court on Friday, the authorities have been directed by the court to consider their application for non clinical and para clinical courses, under the physically disabled category, on the basis of their performance in the CET.

The petitioners Sachin Ganpat Makne, 25 and Dr Abhijeet Anil Bhavsar, 25, were disqualified by the authorities on the grounds that the duo were over 70 % physically disabled and thus they could not be eligible for post graduate courses like dentistry and medicine which includes surgery. The non-eligibility, was as per rule 9 (1) (a) under section 33 of the Indian Medical Council Act.

Appearing for the petitioners advocate Vijay Thorat and Pooja Thorat, argued before the division bench, “What is to be seen is that whether they are able to function and not their disability. The issue raised is not only limited to the present petitioners but the medical council has to consider the functional capacity before deciding the eligibility”.

The bench initially was apprehensive about the allowing of the petitioners to be considered. It thus asked the petitioners to walk in court. After being satisfied, the court admitted their petitions and directed the authorities to consider their pleas.

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