Bombay High Court Allows Visually Impaired Student to Pursue Physiotherapy Course
- Posted on June 28, 2023
- News
- By Sunshine
- 301 Views
The Bombay High Court has delivered a significant
judgement, permitting a visually impaired student to pursue a physiotherapy
course. The division bench of Justices Gautam Patel and Neela Gokhale
criticised the Maharashtra State Occupational Therapy and Physiotherapy Council
for its stance that no visual impairment could be allowed for those interested
in studying physiotherapy.
The court's order, issued on June 20, came in response to a
petition filed by Zill Jain, a student with a visual impairment disability of 40
percent. Jain sought admission to the physiotherapy course, which was opposed
by the council, arguing that physiotherapists play crucial roles in operating
theatres, surgical units, and ICUs, and therefore any degree of blindness
should not be permitted.
Expressing disappointment with the council's approach, the
court emphasised that the constitutional mandate was not to exclude individuals
but to find ways to assist those in need. It stated that the council's position
was not only unacceptable but also a betrayal of its constitutional and
statutory duties.
The bench firmly disagreed with the council's claim that
disabled individuals were incapable of meeting ethical and legal
responsibilities. It criticised the council's belief that certain fields should
be forever closed to those with disabilities, deeming it contrary to the law
and a perversion of justice.
The court emphasised that the council's primary
responsibility was to align its education curricula and policies with the
Rights of Persons with Disabilities Act. It directed that Jain's admission and
studies should not be disrupted or cancelled based on her low vision
impairment.
This ruling by the Bombay High Court sets an important
precedent for inclusivity in education and highlights the need for equal
opportunities for students with disabilities. It sends a strong message that
individuals should not be deprived of pursuing their chosen field based solely
on their disabilities.
Jain, who successfully cleared the NEET (UG) examination
and secured admission to the physiotherapy course at Nair Hospital in Mumbai,
can now continue her studies without interruptions. This decision not only
supports her aspirations but also reaffirms the commitment to inclusivity and
equality for all individuals, regardless of their disabilities.
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