2007 PLP 1902 (YLR)

MRS. YASMEEN ABBASEY, J.

Being utter dissatisfied with the decision of Medical Board dated 25-11-2006 and 29-11-2006 constituted for the purpose of her examination, for admission in Medical Institution on four seats reserved for disabled candidates, disqualifying her for medical education because of her severe physical disability, petitioner has approached this Court for her redress. Brief facts of case are that petitioner is a polio affected girl, she needs support to walk. However, she cleared her Intermediated examination in Grade A-1 and when had applied for medical education, she was held to be disqualified on the ground inter alia her present disability is of such nature that she cannot acquire medical education. Referring Article 7-A of the prospectus issued for admission to M.B.B.S. at Dow Medical College and Sindh Medical College, Karachi, it is argued by learned counsel for petitioner that being polio victim her movement is not like that of a normal person, but still her disability never came in her way for acquiring higher education. She is never handicapped in doing her normal work because of her disability. She travels in buses and never felt any trouble. As a student of science also she did her all practical and had secured better position in her Federal Board of Intermediate and Secondary Education, therefore, at this stage cannot be said to be disqualified for the purpose of taking medical education. Conversely contention of learned counsel for respondents and Dr. Shaikh Nadeem Ahmed are that no doubt petitioner is an intelligent student but in medical education beside intelligency other aspects have also to be taken into consideration. Even during her education as medical student, she would be required to undergo a number of practicals and as she cannot stand without support, therefore, she cannot leave her hands free for doing the same. Dr. Shaikh Nadeem Ahmed, who has appeared on behalf of respondent No.3 has explained that in medical profession, chances of urgent treatment to a patient can not be overlooked and petitioner being handicapped such frequent and quick movement would not be possible to perform such function. As a patient in emergency could not wait for a doctor to make himself/herself prepared for such treatment, such handicapped professional cannot be allowed to play with the life of a patient in such circumstances. Term "disability" as defined in Article 7 of the prospectus for admission in M.B.B.S. issued by Dow University of Health and Sciences is that "degree of physical disability which puts the candidate at disadvantages as compared to a normal person for acquiring education before entering into medical institution". Bare reading of this term shows that it does not put a condition precedent for taking admission m medical institute. The term as drafted confines the physical disability of a person, as compared to the normal person, and the difficulties faced by him/her in acquiring education before entering in medical education. To us, the purpose behind that would be to Judge the ability of a candidate to acquire further education particularly in medical field. Acquiring a good grade in Intermediate Examination and qualifying test for admission in medical institution is sufficient proof of her eligibility. However, so far as her ability to perform professional duties after qualifying M.B.B.S. are concerned, as per Medical Board, she suffered from following disabilities:- (1) Shortening of the right leg which measured 70 c.m. while the left leg measured 79 c.m. A shortening of 9 c.m. (2) Kypho-Scoliosis. (3) Severe wasting of the whole right lower limb. (4) She walks with a walking frame with great difficulty. In medical terminology there are different levels of deformity in lower limbs i.e., at. "Thigh/hip joint Knee joint Leg/shin Foot/angle joint" Different treatment and ability to cure from such ailment are provided in certain Articles published in this context. Reference of all of them at this stage would be immaterial. Anyhow as per report at Sr. No.3 severe wasting of the right lower limb is the main post polio deformity, which unable her to walk without frame. The observation of Hugh G. Watts, M.D. as expressed in his Article "Orthopaedic Techniques in the Management of the Residua of Paralytic Poliomyelitis". "A person with one normal lower limb can usually be made to walk (with or without braces and crutches) regardless of the severity of the affected extremity. Some impairment in the good side can also lead one to be confident of the person's ability to become a walker. Even severe involvement of both lower limbs allows for walking provided the upper extremities and trunk are uninvolved; or only minimally involved". At another stage in the same Article, it is stated to the extreme stage of Dangling leg, which is not in present case, that: "Where a child has a flail leg and normal upper extremities and trunk and a normal contralateral leg, he C may learn to get about remarkably well by using crutches and dangling the affected limb. Leaving the situation as it is have the virtue of economy of medical effort but may not be in the child's best interest. Often such a child can be fitted with an appropriate long-leg brace and shoe lifts and then learns to walk without crutches. This has the advantage of freeing up his hands for more useful functions, as well as stimulating better growth in length of the flail limb. The bones will become more robust and may result in fewer fractures". Apart from all on her personal appearance before this Court, we did not find such infirmity, which would hinder her to study further particularly in medical field. So we think it proper that a young ambitious girl should be given an opportunity to prove her ability in the field, when seats on this particular category are still vacant. At any stage, if she would feel difficulty to go in parallel to other students, we hope that she would be fair enough with herself to withdraw from it. Even otherwise, like other profession, medical too, has number of branches. Not necessarily she may go on surgical side, she can be a general physician or consultant as we usually find. Petitioner's father present in Court has also expressed that he had bought a plot in advance for future running of a clinic by petitioner. Under given facts and circumstances of case petitioner, who has proved to be determined intelligent student has made out a case to be admitted to medical college, for the foregoing reasons discussed above. Petition is allowed. As the session has started, therefore, without any loss of further time respondents are directed to give admission to the petitioner, so that she can join class at earliest. M.B.A./A-54/K Petition allowed.