Delhi student’s court fight reveals cracks in medical admission norms for persons with disabilities

Kabir Paharia was born with five short fingers on both hands and deformities in two toes of his left foot

48-Kabir-Paharia Kabir Paharia | Sanjay Ahlawat

KABIR PAHARIA, 18, led an ordinary life until he sat for the NEET exam last year. During the test, an invigilator approached him for his documents. Although Kabir had them with him, he grew anxious when the invigilator walked away and began discussing his case with other teachers. Despite the distraction, Kabir remained focused and continued with the exam.

Ten minutes later, the invigilator returned and informed Kabir that he would receive 30 extra minutes. Though puzzled, Kabir relaxed and maintained his pace. Three hours later, as students streamed out into the sweltering Delhi heat to reunite with their families, Kabir’s parents, Bhawna and Manish, grew increasingly worried. The exam centre had emptied out, but there was no sign of their son.

Bhawna, a mathematics teacher, was in tears, searching the premises with Manish, a businessman. Eventually, a security guard told them that one student was still inside. Thirty minutes later, Kabir emerged and hugged his mother, confused about the extra time but confident about his performance. He had already started calculating his expected score and was optimistic about cracking the exam.

That optimism, however, was short-lived.

When the results were announced―amid widespread controversy over paper leaks―Kabir had secured a PwD (persons with disabilities) category rank of 176. Confident of the rank fetching him a seat in a government medical college, Kabir went for a medical assessment at Vardhman Medical College. There he got a shock: the assessment declared a 68 per cent locomotor disability―well within the permissible 40–80 per cent range―but he was deemed ineligible for admission under National Medical Commission (NMC) guidelines. Kabir was born with five short fingers on both hands and deformities in two toes of his left foot. Though he had never considered himself limited by these conditions, the medical board determined that his disability would hinder him from becoming a doctor.

Manish, devastated that his son’s dream could end, decided to approach the courts. He connected with advocate Rahul Bajaj, a disability rights activist who led the nonprofit Mission Accessibility. Together, they filed a writ petition in the Delhi High Court, arguing that the rejection violated Kabir’s rights under Article 14 (equality before law) and Article 19(1)(g) (right to practise a profession) of the Constitution. They also cited the Rights of Persons with Disabilities (RPwD) Act, which guarantees reasonable accommodation and nondiscrimination.

Kabir’s official disability certificate pegged his disability at 42 per cent, qualifying him for the PwD category. Yet, two more medical boards rejected his eligibility. Speaking to The WEEK, Kabir’s parents said they never imagined he would face such hurdles. Bhawna said Kabir was raised like any other child and did everything on his own. She recalled how her pregnancy had been smooth and all scans had shown normal results. “Our medical technology couldn’t detect this,” she said.

Kabir’s dream of becoming a doctor stemmed from his early experiences―multiple surgeries and constant interactions with doctors inspired him to pursue medicine. A stellar student, he consistently excelled in academics, scoring 91.5 per cent in Class X and 90 per cent in Class XII―all without a scribe. He had never considered getting a disability certificate until his coaching teacher suggested it for NEET application.

Kabir is frustrated by the slow pace of legal proceedings. “I have already lost one academic year, and I am still at the assessment stage,” he said.

Now, the Supreme Court has ordered a fresh medical evaluation at the All India Institute of Medical Sciences, New Delhi. The medical board at AIIMS will have five doctors, including specialists in locomotor disabilities and neurology. “Denying relief to the petitioner… would be totally unjustified,” said the court. “Merely because the NMC is revising its guidelines, the petitioner’s fate cannot hang in limbo when he has performed exceedingly well.”

Kabir has also questioned the current assessment methods. “No one asked me to perform daily tasks or practical exercises that a medical student might face. If they had, the outcome could have been different,” he said.

The NMC’s existing guidelines require both hands to be intact with sufficient strength, sensation, and range of motion to qualify for medical studies. But the Supreme Court has previously intervened in similar cases: in 2018, it directed Gujarat to admit Muskan Shaikh, who had a 75 per cent disability after losing her right hand in an accident.

In April 2022, the Delhi High Court asked the NMC to update its guidelines to reflect technological advances. A draft was submitted in December 2022, but it has not been implemented.

According to Dr Satendra Singh, disability rights activist and faculty member at GTB Hospital, the current NMC guidelines were outdated and opaque. He said many doctors with disabilities―including amputations―perform surgeries successfully. “How many more candidates must suffer before new norms are enforced?” he asked.

Though disappointed, Kabir has not given up. “I have started preparing for alternate career options now. I cannot waste another year,” he said. He is hoping for good news from the Supreme Court. If the court allows him to pursue his dream, he has decided to specialise in pathology or radiology. “Work hard and be persistent,” said Kabir. “That is my mantra.”

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