High court slaps Rs. 1 lakh compensation on NMC, state, provides relief to PwD doctor denied SRship

Introduction

The journey of Dr. Ravi Singh (name changed for privacy), a dedicated and accomplished doctor, recently faced an unforeseen challenge. As a physician with a benchmark disability, his aspiration to serve as a Senior Resident was thwarted by age limitations, prompting a significant legal battle. This blog explores his struggle, the legal intricacies involved, and the Rajasthan High Court’s decision that championed fairness and inclusivity for professionals with disabilities.

The Struggle for Inclusion

Dr. Ravi Singh, a Senior Demonstrator with a 40% benchmark disability, had made remarkable strides in his career. Having completed his postgraduate studies in MD Pediatrics, he applied for the Senior Resident position on September 1, 2023. However, his application was rejected because he had crossed the age limit of 45 years at the time of his application. Despite regulations granting age relaxation for candidates with disabilities, his plea was initially dismissed by the State Government authorities and the National Medical Commission (NMC).

The Legal Battle

Determined to fight for his rights, Dr. Singh filed a petition with the Rajasthan High Court, arguing that as a person with disabilities (PwD), he was entitled to a 5-year age relaxation under Rule 6A of the Rules of 2018. His legal team highlighted that other prestigious medical institutions like AIIMS Jodhpur already practiced similar age relaxations. Despite this, the NMC and other authorities maintained that the 45-year age limit was crucial for maintaining high standards in medical education and should take precedence.

The Court’s Ruling

In a landmark decision, Justice Sameer Jain of the Rajasthan High Court ruled in favor of Dr. Singh. The court acknowledged the significant hardships faced by professionals with disabilities and emphasized the need for inclusive and fair treatment in public recruitment processes. Justice Jain stressed that the Rules of 2018, which provided a 5-year age relaxation for candidates with disabilities, must be harmonized with the NMC Act of 2019 to ensure equal opportunities and social justice.

The court’s reasoning underscored the unfairness of selectively applying the rules, allowing reservations but denying age relaxation. It also noted that similar age relaxations had already been introduced in other medical institutions, reinforcing the legitimacy of Dr. Singh’s claim.

Compensation and Relief

Recognizing the unnecessary hardship and delay caused to Dr. Singh, the court directed both the NMC and the State Government to pay him Rs 1 lakh as compensation, to be divided equally. This decision not only provided financial redress but also served as a reminder of the importance of upholding the rights of individuals with disabilities.

Significance of the Decision

This ruling by the Rajasthan High Court sets a precedent for interpreting laws in a manner that fosters social justice and inclusivity. It highlights the necessity of aligning various legal requirements to genuinely support the intended beneficiaries. By allowing age relaxation, the court aimed to dismantle barriers that often hinder the full participation of people with disabilities in the workforce.

Conclusion

Dr. Ravi Singh’s victory is a testament to resilience and the relentless pursuit of fairness. His case underscores the critical need for inclusive policies that reflect the realities faced by professionals with disabilities. The Rajasthan High Court’s decision not only upholds the principle of social justice but also sets a standard for equitable treatment in the professional sphere.

As we celebrate this victory, it reminds us of the ongoing need to advocate for and implement policies that truly empower individuals with disabilities, ensuring they have equal opportunities to contribute their skills and expertise in their chosen fields.

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