Delhi HC directs AIIMS to constitute board of experts to assess disability of MBBS doctor declared ineligible to pursue course

New Delhi: The Delhi High Court has directed AIIMS to constitute a board of experts to assess the disability of an MBBS doctor, who has been declared ineligible to pursue postgraduate level medical course.

The high court said the board shall specifically determine as to whether the woman petitioner would be able to perform the functions expected from a postgraduate specialist doctor, and submit a detailed report before it in a sealed cover on or before September 14.

The court was hearing a plea by an MBBS doctor whose grievance was that despite being a person with benchmark disability under the Rights of Persons with Disabilities Act, she has been declared ineligible to pursue postgraduate level medical course on the basis of a certificate of disability for NEET admissions issued by Vardhaman Mahavir Medical College (VMMC) and Safdarjung Hospital by which she has been certified as a person with 100 per cent disability.

Justice Sanjeev Narula said it would be appropriate to have a second opinion in respect of the petitioner's disability and asked the Director of AIIMS to constitute a board of three experts in the relevant field to assess her disability and specifically discern as to whether she would be able to perform the functions expected from a postgraduate specialist doctor.

The court asked the board to submit a detailed report in a sealed cover on or before the next date of hearing.

The high court said while assessing the petitioner's disability, the board shall take into consideration the contentions raised by counsel for the parties as well as the guidelines/notification of March 13, 2019.

It asked the petitioner to be present before the board of doctors of All India Institute of Medical Sciences (AIIMS) for her medical examination on September 5.

The high court also issued notices and sought response of the Centre, National Medical Commission and VMMC and Safdarjung Hospital to the petition.