[MBBS Aspirant With Muscular Dystrophy] “Having A Domain Expert Will Serve Justice For A Young Student”: CJI Orders Expert Assessment

CJI Led Bench in the Supreme Court Today (Oct 18) requested Dr. Satender Singh, who possesses exceptional abilities, to take on the assignment outlined in the current order and assist the court in determining whether the petitioner with muscular dystrophy can pursue the MBBS course, regardless of the quantified disability, while also considering the use of assistive devices. Dr. Singh’s report is to be submitted by Monday.

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NEW DELHI: The Supreme Court of India heard the case of an MBBS aspirant suffering from muscular dystrophy. The court, recognizing the complexities involved, has ordered an expert examination to assess the impact of the student’s disability, particularly in relation to the use of assistive devices for medical education.

The case, which is being presided over by Chief Justice of India (CJI) DY Chandrachud, aims to ensure that justice is served for the young aspirant, especially in the context of equal opportunities for students with disabilities.

The Need for a Domain Expert

CJI DY Chandrachud emphasized the importance of having an expert’s involvement in such cases to ensure fair and informed decision-making.

“We believe that having a domain expert in this matter will serve the interests of justice for a young student aspiring to enter the field of medicine. The directions provided by the Justice Gavai-led bench are highly relevant,”

-remarked the Chief Justice.

His statement underscores the court’s commitment to considering every possible angle in cases that impact the future of students with disabilities.

Examination at AIIMS Ordered

In light of the situation, the Supreme Court has directed the candidate to undergo an examination at the All India Institute of Medical Sciences (AIIMS).

The assessment will specifically focus on the extent of the aspirant’s disability while using assistive devices and how it might influence their ability to complete medical education.

Gaps in Guidelines for Disability Assessment

During the hearing, CJI Chandrachud pointed out the absence of clear guidelines for assessing disabilities when assistive devices are in use. The Chief Justice noted that there was a lack of independent evaluations when it came to measuring functional disability in such scenarios, adding that this was highlighted in the earlier judgment involving Dr. Satender Singh.

“The committee found a lack of clear guidelines for measuring disability when assistive devices are used, highlighting the absence of independent evaluations of functional disability. This is in references to judgment of Dr. Satender Singh,”

-the Chief Justice stated.

Dr. Satender Singh Appointed for Expert Assistance

Given the complexities surrounding the use of assistive technology by disabled students in medical courses, the Supreme Court has appointed Dr. Satender Singh to provide his expertise in this case. Dr. Singh is well-regarded for his knowledge and experience in this field, making him the ideal candidate to assist the court in reaching a decision.

The Chief Justice noted,

“We believe that having a domain expert in this matter will serve the interests of justice for a young student aspiring to enter the field of medicine. The directions provided by the Justice Gavai-led bench are highly relevant.”

Dr. Singh’s task is to assess whether the petitioner can successfully pursue the MBBS course, taking into account both the quantified level of disability and the use of assistive devices. His report, expected to be submitted by Monday, will play a crucial role in determining whether the aspirant should be allowed to continue in the program.

The court has expressed confidence in Dr. Singh’s ability to deliver an objective and thorough evaluation, requesting him to take up this assignment immediately.

“Therefore, we request Dr. Satender Singh, who possesses exceptional abilities, to take on the assignment outlined in the current order and assist the court in determining whether the petitioner can pursue the MBBS course, regardless of the quantified disability, while also considering the use of assistive devices,”

-said CJI Chandrachud.

A Non-Adversarial Approach

The Additional Solicitor General (ASG), Archana Pathak Dave, representing the government, clarified the stance of the government, indicating that they were not approaching the case in an adversarial capacity.

“My Lords, we are not here in an adversarial capacity,”

-ASG Dave stated, reiterating that the government seeks a fair and just resolution for the aspirant, aligned with the larger public interest.

This case highlights the challenges faced by students with disabilities in pursuing higher education, particularly in demanding fields like medicine. The court’s decision to involve an expert like Dr. Satender Singh reflects the judicial system’s increasing sensitivity towards such matters, ensuring that aspiring students with disabilities are given the necessary support and accommodations to pursue their dreams.

As the case unfolds, the report from Dr. Satender Singh will be a key factor in determining whether the MBBS aspirant can move forward in their academic journey, making it a landmark moment for disability rights in India.

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