NEET 2019:Ambiguity over eligibility criteria strand disabled candidates in confusion

NEW DELHI, JANUARY 30: As the NEET correction window facility ends on January 31, the physically impaired candidates are still seeking clarity on their eligibility to sit for NEET 2019. Only if the fog clears on eligibility criteria, the candidates will be able to make changes in the application form. National Testing Agency (NTA), the conducting authority of NEET invited the PwD aspirants to fill the applications based on the old guidelines given by the MCI. After the activists sought clarification, the NTA had posted the MCI guidelines on its official website just a day before the last date of application submission, which was later extended by a week till December 7, 2018, for candidates to fill the forms as per the guidelines.

Eligible or not?

The draft guidelines of Medical Council of India (MCI) states that candidate with hearing-impaired equal to or more than 40 percent disability are not eligible. On the contrary, Delhi High Court earlier in a verdict allowed a 70 per cent hearing impaired girl to pursue MBBS at a medical college in Delhi. The court’s interpretation of the eligibility criteria has made the guidelines more uncertain.

The draft guidelines specifies various disability as ‘not eligible’ even when the Supreme Court verdict had allowed the candidates to avail the quota. Delivering a pathbreaking verdict in the case of Purswani Ashutosh (Minor) through Dr. Kamlesh Virumal Purswani Vs Union of India and Ors WP(C) 669/2018, the apex court allowed candidates with low-vision to be given admission in MBBS courses.

The draft MCI guidelines, so far, has not been ratified by the Ministry of Health and Family Welfare (MoHFW) and faces extreme criticism from the activists on the grounds of being in direct violation with the judgment delivered by the apex court and high court. MCI has not issued any  final guidelines on disability quota for NEET UG 2019, therefore, the candidates who have filled their application based on the draft guidelines remain uncertain, if they will be eligible to avail the quota or not for admission to MBBS and BDS courses.

What does the statute states?

As stated in Section 33 of Medical Council Act (MCA), 1956, “5% seats of the annual sanctioned intake capacity shall be filled up by candidates with benchmark disabilities in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 based on the merit list of ‘National Eligibility-cum-Entrance Test’”

Fate Undecided

Activist Satyendra Jain in his paper on the subject has thrown light on the guidelines being arbitrary, unlawful and discriminatory against persons with disabilities. In his paper published in Indian Journal of Medical Ethics, he has argued  “As per the guidelines, despite having benchmark disabilities, candidates with Specific Learning Disabilities (SpLD), visual impairment, hearing impairment, and autism are considered ineligible for the disability quota in the medical course. There is an upper cap of 60% for non-dominant upper limb disability and spine involvement; and 80% for disabilities arising from haematological and chronic neurological disorders; and lower limb disabilities” which stands in direct violation of supreme court verdict on the matter.

In search of a silver-lining

A visually impaired NEET aspirant, Rishab Pal has been awaiting clarity on the eligibility criteria to avail the PwD quota. Speaking to a national daily, Pal expressed his anxiety on his chances to avail the quota as losing out in this year’s NEET examination would mean wastage of a whole year for him.

Family member of many such candidates are worried and knocking the door of NGOs and activists to seek answers as the officials have not posted final guidelines which will be considered for PwD quota in NEET 2019.

Until the guidelines remain unclear on the eligibility the criteria, the fate of candidates with disability remain undecided. The exam is going to be held on May 5 2019.