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The Bombay High Court allowed the visually impaired student to pursue a physiotherapy course, saying that it was our “collective endeavor” as a community and the state government to find ways to help those most in need of assistance.
A group of Justices Gautam Patel and Neela Gokhale strongly conceded the Maharashtra State Occupational Therapy and Physiotherapy Board, which handles the physiotherapy curriculum, because of its position that visual impairment of any extent cannot be allowed for students who wish to pursue a physiotherapy course.
The court, in its decision of June 20, allowed the petition of student Zill Jain, who has a visual impairment of 40%, requesting his admission to the physiotherapy course.
The council opposed Jane’s petition, saying that physiotherapists had roles to play in operating theatres, surgical units and intensive care units, and therefore blindness to any extent could not be allowed in the study or practice of physiotherapy.
The court noted in its arrangement that there are many students, lawyers, assistants and others who are visually impaired and are successfully serving in many courts across India.
We must express our strong dissatisfaction and dissatisfaction with this approach of the Regulatory Council. The constitutional mandate is not to find other means of exclusion. “It is not to find new ways to benefit the majority,” the court said.
“Our collective endeavor as a community and especially the state government should be an ongoing effort to find ways to help those who need it most; and never say nothing can be done.”
Not only is the Council’s position unacceptable to any judicial, constitutional or moral conscience, the bench said, it is, quite frankly, a betrayal of a constitutional mandate and legal duty.
“It seems to us, therefore, quite remarkable,” said the High Commissioner, “that the Council should venture so strong a medical opinion in spite of being given an opportunity by a Constitutional Court to do the obvious ‘right thing’.”
“We find it irresponsible, and utterly reprehensible, even to suggest that persons with disabilities cannot meet the standards of moral and legal responsibility; or that their disability or impairment renders them unable to meet these requirements.”
The council noted that the council thought it “quite well to tell disabled persons, through no fault of their own, that certain areas of human activity should remain closed to them forever”.
The High Commissioner said that accepting this post from the Council would be “contrary to statutes and flouting every conception of justice”.
The court said that the council had no choice but to adapt its educational curricula and policies to bring them in line with the Rights of Persons with Disabilities Act and that this was the council’s primary responsibility.
Jain completed her HSC (class 12) in March 2022 and wanted to study and practice physiotherapy later.
However, according to the provisions of the Regulations on Graduate Medical Education, no amount of visual impairment is admissible to allow him to study or practice physiotherapy.
Later, the provisions were amended to state that persons with a visual impairment of 40 percent or more were not eligible for such courses.
Passed by HC in October 2022, Jain was allowed to appear in NEET (UG) 2022 and was granted admission to the Physiotherapy course at Nair Hospital, Mumbai. She is currently in her first year of the course.
The seat directed that admission and study of Jains should not be interrupted or canceled solely on the grounds of poor eyesight.
(This story was not edited by the News18 staff and was published from a syndicated news agency feed – PTI)
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