April 13, 2019
“The order sets a precedent, a great precedent”, says Advocate
Biswarup Bhattacharya celebrating the Calcutta High
Court order directing the West Bengal Health
University to admit Tathagata Ghosh, a youth with
schizoaffective disorder, to the MBBS course.
The court has also ordered the government to pay Tathagata a compensation of
Rs three lakh for denying him admission last year because of his medical
condition.
Tathagata, who is 20 years old, secured a pan India rank of 420 in the
disabled category in the medical entrance exam. He was granted admission to
the MBBS course at NRS Medical College and Hospital.
However, the college refused to admit him because of his condition.
All medical colleges in Bengal are affiliated to the health university and
Tathagata appealed to the university to allow him to study MBBS. When that
went unheard, he moved the High Court.
The court ruled in his favour and said Tathagata had the right to study as
university rules did not bar people with schizophrenia from studying for an
MBBS degree. The university challenged the order, saying a person with
schizophrenia should not be allowed to become a doctor keeping in mind
“patient safety”. The bench has rejected the argument and directed the
university to admit Tathagata in the coming academic year.
Tathagata was examined by the Calcutta Medical College and diagnosed with
over 40% disability. He is not a mental patient but has certain disorders
not found in so-called normal people. Throughout the case Tathagata was
extremely vigilant and even referred to earlier Supreme Court judgements.
What we told the judge was that there was no precedent that could be used
to deny him admission in any course, not just MBBS. – Biswarup
Bhattacharya, Advocate, Calcutta High Court
Advocate Bhattacharya also told the court that the university’s refusal to
heed the earlier order amounted to not only harassment but also the loss of
an academic year.
”When I took up his case in September 2018, there was attempt to make
Tathagata a laughing stock with many people making comments like someone mad
is being given MBBS admission”, says Bhattacharya. “But when you interact
with him you will find he is like anyone else. Besides mental disorders are
there in many people, like some people shout and scream a lot but are they
being denied admission into MBBS?”
Prominent Kolkata-based disability rights activist Shampa
Sengupta believes that the ruling will help fight stigma in the long
run.
“It is an extremely important order. I have seen some colleges ask during
admission procedure to state that the candidates do not have mental illness.
I have seen students rusticated because of mental health conditions. I also
feel that people will come out about their mental illness as the present RPWD
Act gives reservations for mental disorders, which the previous one did not.
This will help us to fight the stigma in the future.”
Speaking to the media after the verdict, Tathagata expressed his happiness
saying, “My dream has come true. I strongly believe I will be a good
doctor”. Hopefully the fight he has fought will save many others a similar
struggle.
Source: https://newzhook.com/story/21962
