1 
WP.979/2010 


acd 


IN 
THE 
HIGH 
COURT 
OF 
JUDICATURE 
AT 
BOMBAY 
ORDINARY ORIGINAL 
CIVIL 
JURISDICTION 


WRIT 
PETITION 
NO. 
979 
OF 
2010 


Ms. 
Kritika Purohit 
& 
Anr. 
....Petitioners. 


Vs. 
The 
State 
of Maharashtra, 
through the 
Secretary, 
Department 
of Medical 
Education 
& 
Drug 
Control 
& 
Anr. 
...Respondents. 


Ms. 
Kanchan 
Pamnani, 
for 
the 
Petitioners. 
Mr.G.W. 
Mattos, 
AGP, 
for 
Respondent 
Nos.1,2 
and 
5. 
Mr. 
S.R. 
Rajguru, 
for 
the 
Union 
of IndiaRespondent 
3 
and 
4. 
Ms. 
Vidya 
S. 
Gharpure, 
for 
Respondent 
No.6B.
M.C. 


..... 


CORAM: 
MOHIT 
S. 
SHAH 
C.J. 
AND 


S.C. 
DHARMADHIKARI, 
J. 
DATE 
: 
2nd 
AUGUST, 
2010. 


P.C. 
1] 
Petitioner 
no.1 
is 
a 
visually 
impaired 
student 
who 
appeared 
for 
XIIth 
standard 
examination 
of 
Maharashtra 
State 
Higher 
Education 
Board 
and 
secured 
101 
marks 
out 
of 
200 
marks. 
Petitioner 
No.1 
accordingly, 
secured 
16508 
out 
of 
176632 
rank 
in 
the 
state 
merit 
list 
MHCET 
(Medical). 
Petitioner 
no.1 
was in 
the 
top 



2 
WP.979/2010 


10% 
in 
the 
merit 
list 
and 
thus 
secured 
24th 
rank 
amongst 
the 
physically 
challenged 
(Specified 
Reservation 
Merit). 


2] 
In 
this 
petition 
under 
Article 
226 
of 
Constitution 
of 
India, 
petitioner 
no.1 
seeks 
direction 
to 
direct 
the 
respondents 
to 
admit 
the 
petitioner 
no.1 
to 
the 
degree 
course 
in 
Physiotherapy. 
Petitioner 
no.1 
relies 
on 
the 
provision 
of 
the 
Persons 
with 
Disabilities 
(Equal 
Opportunities, 
Protection 
of 
Rights 
and 
Full 
Participation) 
Act, 
1995 
(hereinafter 
referred 
as 
‘the 
Disabilities 
Act’), 
and 
also 
United 
Nations 
Convention 
on 
the 
Rights 
of 
Persons 
with 
Disability 
under 
Article 
24 
on 
Education 
under 
Rule 
2(a), 
which 
states 
that 
Universities 
and 
institutions will 
make 
every 
effort 
to 
modify 
their 
systems to 
meet 
the 
needs of 
persons who 
are 
disabled 
so 
that 
they 
can 
attain 
their 
full 
potential. 


3] 
Learned 
counsel 
for 
the 
petitioners 
also 
relies 
on 
the 
instructions 
given 
by 
the 
Chief 
Commissioner 
for 
Persons 
with 
Disabilities 
directing 
the 
Director, 
Directorate 
of 
Medical 
Education 
and 
Research, 
Mumbai, 
to 
inform 
and 
counsel 
the 
concerned 
candidate 
about 
the 
employment 
opportunities, 
identification 
of 
the 
jobs 
to 
persons 
with 
different 
disabilities. 
It 
is 
further 
informed 
that 
the 
post 
of 
Physiotherapy 
has 
been 
identified 
as 
suitable 
for 
persons 
with 
low 
vision 
vide 
S.J. 
& 
E 
notification 
no.181/
2007 
at 
sr. 
no.175. 
Learned 
counsel 
for 
the 
petitioners also 
relies 
on 
the 
instructions given 



3 
WP.979/2010 


by 
the 
Chief 
Commissioner 
indicating 
that 
it 
deny 
admission 
in 
degree 
courses 
in 
Physiotherapy 
to 
the 
visually 
impaired 
candidates 
in 
violation 
of 
section 
39 
of 
the 
Persons with Disabilities 
Act. 


4] 
The 
Director 
of 
Medical 
Education 
and 
Research, 
Mumbai 
has 
filed 
an 
affidavit 
on 
23.4.2010, 
stating 
that 
the 
Physiotherapy 
degree 
course 
(BPTh.) 
is 
a 
four 
years 
professional 
health 
science 
course, 
and 
that 
the 
subjects 
viz. 
Anatomy, 
Physiology, 
Biochemistry, 
fundamentals 
of 
exercise 
therapy 
and 
fundamentals 
of 
Electro 
therapy 
are 
imparted 
to 
the 
students 
by 
way 
of 
theory 
and 
practical. 
The 
affidavit 
further 
states 
that 
there 
are 
no 
specific 
guidelines 
for 
granting 
admission 
to 
physically 
challenged 
students 
to 
the 
degree 
course 
in 
Physiotherapy, 
yet, 
the 
guidelines 
as 
laid 
down 
by 
the 
Medical 
Council 
of 
India 
have 
been 
followed 
by 
the 
respondent 
no.2 
in 
the 
State 
of 
Maharashtra. 
In 
consonance 
with 
the 
said 
guidelines, 
a 
candidate 
with 
disability 
of 
more 
than 
70% 
in 
the 
lower 
limbs 
is 
not 
eligible 
for 
admission 
to 
a 
Health 
Science 
course. 
Furthermore, 
as 
per 
the 
Medical 
Council 
of 
India 
guidelines, 
a 
candidate 
with 
any 
other 
disability 
is 
not 
allowed 
to 
take 
admission 
to 
a 
Health 
Science 
Course. 
Further, 
it 
is 
impractical 
for 
a 
person 
who 
is 
totally 
blind 
and/or 
with 
low 
vision 
to 
effectively 
assimilate, 
absorb 
and 
imbibe 
medical 
teaching 
involved 
in 
a 
Physiotherapy 
degree 
course, 
let 
alone 
undertake 
the 
responsibility 
to 
treat 
and 
attend 
patients. 
In 
view 
of 
the 
above 
fact, 
it 
is 
stated 
that 
the 
impugned 
communication 
dated 
13th 
January, 
2010 
has issued 
by 
respondent 
no.2 
to 
the 
Xavier’s 



4 
WP.979/2010 


Resource 
Centre 
for 
Visually 
challenged 
and 
the 
impugned 
communication 
dated 
9th 
February, 
2010 
issued 
by 
the 
respondent 
no. 
1 
to 
the 
said 
institution. 
The 
affidavit 
further 
states 
that 
instances 
quoted 
by 
the 
petitioners 
in 
paragraph 
27(f)(i) 
to 
(iv) 
are 
either 
Diploma 
or 
Certificate 
course 
and 
are 
not 
Degree 
courses 
to 
which 
the 
petitioner 
is seeking 
admission. 


5] 
It 
is 
informed 
that 
the 
stand 
adopted 
by 
the 
respondents 
is 


that 
in 
practical 
terms 
any 
person 
who 
is 
visually 
impaired 
cannot 
be 


effectively 
absorbed 
in 
Physiotherapy 
course 
and 
none 
has 


undertaken 
the 
responsibility 
to 
teach 
them. 


Learned 
counsel 
for 
the 
petitioners 
has 
placed 
before 
us 


communication 
from 
the 
Indian 
Association 
of 
Visually 
Impaired 


Physiotherapists, 
indicating 
that 
there 
are 
various 
institutes 
in 
the 


country 
running 
Physiotherapy 
courses, 
the 
names 
of 
such 
institutes 


are 
as under: 


1) 
Physiotherapy 
College 
for 
the 
BlindAhmedabad. 
Conducting 
a 
3 
years 
Diploma 
in 
Physiotherapy 
affiliated 
to 
Dr. 
Babasaheb 
Ambedkar 
UniversityGovernment 
of 
Gujrat); 
2) 
National 
Association 
for 
the 
BlindDepartment 
of 
Rehabilitation, 
Mumbai. 
Conducting 
a 
2 
years 
certificate 
course 
in 
Physiotherapy 
approved 
by 
Maharashtra 
State 
Education 
Board; 
3) 
Blind 
Peoples 
AssociationVastrapur, 
Ahamedabad. 
Conducting 
a 
2 
year 
certificate 
in 
Physiotherapy 
approved 
by 
Gujrat 
State 
Education 
Board; 
4) 
National 
Institute 
for 
the 
Visually 
HandicappedDehradun. 
Approved 
by 
NIVH. 



5 
WP.979/2010 


6] 
The 
certificate 
issued 
by 
the 
President 
of 
the 
Indian 
Association 
of 
Visually 
Impaired 
Physiotherapists 
states 
that 
their 
Association 
has 
195 
registered 
members 
as 
on 
date 
of 
issuance 
of 
certificate, 
and 
that 
these 
members 
have 
either 
a 
3 
year 
Diploma 
in 
Physiotherapy 
or 
a 
2 
year 
certificate 
in 
Physiotherapy 
as 
these 
are 
basic 
qualifications. 
It 
is 
further 
stated 
that 
in 
India 
there 
are 
no 
current 
facilities 
to 
support 
a 
Visually 
impaired 
student 
for 
a 
standard 
XIIth 
science 
programme, 
and 
that 
all 
above 
Diploma 
and 
certificate 
courses 
have 
basic 
subjects 
like 
Anatomy, 
Physiology 
and 
Biomechanics. 
Further, 
clinical 
subjects 
like 
Clinical 
Orthopedics, 
Neurology, 
Medicines, 
etc. 
are 
during 
the 
3rd 
year 
of 
Physiotherapy 
course. 
It 
is 
further 
stated 
that 
additional 
focus 
is 
made 
on 
community 
based 
rehabilitation 
and 
Psychotherapy 
for 
their 
Diploma 
students 
during 
their 
3rd 
year, 
and 
that 
the 
subjects 
like 
Electrotherapy 
are 
taught 
using 
normal 
machines 
to 
all 
their 
members. 
The 
only 
modifications 
required 
may 
be 
the 
use 
of 
a 
bindi 
or 
a 
small 
sticker 
in 
order 
to 
mark 
different 
points 
on 
the 
machines. 
The 
aforesaid 
letter 
specifically 
states 
that 
the 
safety 
record 
of 
their 
members 
has 
been 
excellent 
and 
they 
have 
been 
accepted 
in 
various 
hospitals, 
clinics, 
NGO 
conducted 
by 
Rehabilitation 
programmes etc. 
all 
across India. 


7] 
Learned 
counsel 
for 
the 
petitioners 
places 
reliance 
on 
the 
Circular 
issued 
by 
the 
University 
of 
Mumbai 
bearing 
No.UG/133 
of 
2010. 
The 
said 
Circular 
indicates that 
the 
Mumbai 
University 
has 


6 
WP.979/2010 


accepted 
the 
guidelines 
for 
conducting 
practicals 
in 
Cognitive 
Processes 
and 
Psychological 
testing 
and 
the 
practical 
examination 
for 
visually 
impaired 
students 
who 
pursue 
T.Y. 
B.A. 
Psychology 
as 
a 
single 
major 
subject. 
The 
said 
Circular 
specifically 
mentions 
that 
for 
the 
experiments 
in 
Psychology, 
the 
visually 
impaired 
students 
will 
use 
materials 
converted 
wherever 
possible 
into 
accessible 
formats 
(Braille, 
audio, 
ecopy, 
tactile), 
and 
that 
the 
help 
and 
support 
of 
Resource 
Centres 
for 
the 
Visually 
Impaired 
like 
the 
Xavier’s 
Resource 
Centre 
for 
the 
Visually 
Challenged 
can 
be 
taken 
for 
converting 
the 
required 
materials. 
The 
Circular 
also 
mentions 
that 
the 
visually 
impaired 
students 
can 
take 
assistance 
of 
a 
writercumhelper 
for 
making 
observational 
recordings 
during 
the 
practicals 
and 
practical 
examination 
wherever 
required. 
The 
Circular 
also 
states 
that 
the 
practical 
examination 
of 
the 
visually 
impaired 
students 
should 
be 
conducted 
in 
a separate 
room with suitable 
seating 
arrangement. 


8] 
It 
is 
thus, 
contended 
that 
the 
Mumbai 
University 
has 
also 
recognized 
the 
need 
to 
make 
special 
provision 
for 
visually 
impaired 
students 
in 
order 
to 
help 
them 
to 
join 
the 
main 
stream. 
It 
is 
also 
vehemently 
submitted 
by 
the 
learned 
counsel 
for 
the 
petitioners 
that 
the 
petitioner 
that 
petitioner 
no.1 
does 
not 
seek 
any 
relaxation 
in 
standard 
and/or 
examination 
as 
visually 
impaired 
student 
but 
is 
only 
seeking 
equal 
opportunity 
and 
right 
to 
full 
participation 
conferred 
by 
the 
Disabilities Act, 
1995. 



7 
WP.979/2010 


9] 
Heard 
the 
learned 
counsel 
for 
the 
parties, 
perused 
the 
letter 
of 
Indian 
Association 
of 
Visually 
Impaired 
Physiotherapists 
as 
also 
aforementioned 
Circular 
of 
Mumbai 
University. 
The 
Director 
of 
Medical 
Eduction 
and 
Research, 
Mumbai, 
did 
not 
have 
benefit 
of 
the 
material 
which 
is 
placed 
before 
us 
while 
taking 
the 
stand 
in 
the 
affidavit 
in 
reply 
dated 
23.4.2010 


10. 
Having 
seen 
the 
negative 
attitude 
of 
respondents 
who 
have 
not 
considered 
the 
matter 
in 
proper 
perspective 
and 
have 
not 
cared 
to 
consider 
the 
object 
underlying 
the 
provisions 
of 
Disabilities 
Act, 
1995, 
we 
are 
of 
the 
view 
that 
it 
is 
desirable 
that 
the 
Chief 
Commissioner 
for 
Persons 
with 
Disabilities, 
Government 
of 
India 
should 
consider 
the 
entire 
matter 
in 
proper 
perspective 
and 
issue 
suitable 
instructions 
to 
the 
concerned 
authorities 
in 
the 
country, 
including 
the 
universities 
to 
which 
the 
colleges 
running 
degree, 
diploma, 
certificate 
courses 
in 
physiotherapy 
are 
affiliated, 
so 
that 
the 
educational 
institutions 
make 
a 
beginning 
and 
the 
visually 
impaired 
students 
may 
not 
suffer 
difficulties 
in 
future 
in 
the 
matter 
of 
admission 
to 
such 
courses. 
The 
Chief 
Commissioner 
shall 
accordingly 
take 
a 
decision 
in 
the 
matter 
within 
two 
months 
from 
today, 
after 
giving 
an 
opportunity 
of hearing 
to 
all 
concerned. 
11. 
The 
academic 
year 
has 
already 
commenced 
and 
the 
classes 
in 
the 
degree 
course 
in 
Physiotherapy 
are 
about 
to 
commence 
in 
the 
1st 
week 
of 
this 
month, 
but 
further 
hearing 
of 
this 
petition 
will 
take 
some 
time. 
Hence, 
if 
no 
interim 
orders 
are 
passed 
at 
this 
stage, 
the 
purpose 
of 
entertaining 
this petition 
will 
be 
frustrated. 

8 
WP.979/2010 


12. 
For 
the 
reasons 
aforesaid, 
by 
this 
interim 
order 
it 
is 
directed 
that 
petitioner 
shall 
be 
granted 
provisional 
admission 
to 
the 
degree 
course 
of 
Bachelor 
of 
Physiotherapy 
by 
respondent 
No.6college 
within 
one 
week 
from 
today. 
It 
is 
further 
directed 
that 
petitioner 
No.1 
shall 
be 
allowed 
to 
proceed 
with 
studies 
in 
the 
degree 
course 
in 
Bachelor 
of 
Physiotherapy 
without 
any 
impediment, 
and 
if 
any 
examination 
is 
to 
be 
conducted, 
the 
petitioner 
No.1 
shall 
be 
permitted 
to 
appear 
in 
the 
said 
examination. 
All 
concerned 
including 
the 
respondentauthorities 
shall 
pass 
necessary 
orders 
and 
take 
all 
necessary 
steps 
to 
implement 
these 
directions. 
The 
respondents 
shall 
adopt 
positive 
approach 
as 
has 
been 
adopted 
by 
the 
University 
of 
Mumbai 
for 
the 
visually 
impaired 
students 
and 
special 
provisions 
are 
made 
for 
conducting 
their 
examination. 
13] 
We 
also 
record 
the 
statement 
made 
by 
the 
leaned 
counsel 
for 
the 
petitioners 
that 
petitioner 
no.1 
will 
procure 
the 
necessary 
material 
to 
be 
converted 
wherever 
possible 
into 
accessible 
formats 
(Braille, 
audio, 
ecopy, 
tactile). 


14] 
Petitioner 
no.1 
shall 
be 
allowed 
to 
take 
the 
help 
and 
support 
of 
Resource 
Centres 
for 
the 
visually 
impaired 
students 
like 
‘Xavier’s 
Resource 
Centre 
for 
the 
Visually 
Challenged’, 
Mumbai. 
Petitioner 
no.1 
shall 
also 
be 
allowed 
to 
take 
help 
of 
writerhelper 
for 
making 
observational 
recordings 
during 
practicals 
and 
practical 
examination 
wherever 
required. 
Seth 
G.S. 
College, 
Mumbai 
and 
KEM 
Hospital, 
Respondent 
No.6 
which 
is 
represented 
by 
learned 
Advocate 
Smt. 
Gharapure, 
shall 
take 
all 
necessary 
steps 
to 
implement 
these 
directions. 



9 
WP.979/2010 


15] 
A 
copy 
of 
this 
order 
be 
made 
available 
to 
(1) 
Maharashtra 
State 
Council 
for 
Occupational 
Physiotherapy, 
Mumbai, 
and 
(2) 
Maharashtra University 
of Health Sciences. 


A 
copy 
of 
this 
order 
shall 
also 
be 
made 
available 
to 
the 
learned 
counsel 
for 
the 
parties and 
the 
authorities for 
compliance. 


CHIEF 
JUSTICE 


S.C. 
DHARMADHIKARI, 
J.