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Regular-article-logo Friday, 22 November 2024

Relief for aspiring doctor

NRS Medical College and Hospital refused to admit him because of his ailment

Our Legal Reporter Calcutta Published 11.04.19, 09:16 PM
The Calcutta High Court. Justice Arindam Sinha had on November 12 ruled that  Tathagata could not be denied admission because university rules did not prevent persons suffering from schizophrenia from studying for an MBBS degree.

The Calcutta High Court. Justice Arindam Sinha had on November 12 ruled that Tathagata could not be denied admission because university rules did not prevent persons suffering from schizophrenia from studying for an MBBS degree. (Shutterstock)

The high court on Thursday directed the West Bengal Health University to admit a youth suffering from schizophrenia to the MBBS course and pay him a compensation of Rs 3 lakh for denying him admission last year because of his medical condition.

Tathagata Ghosh, 20, who has been suffering from schizophrenia, had ranked 420 in the Bengal medical entrance test last year and was selected for admission to the MBBS course at the NRS Medical College and Hospital.

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The college, however, refused to admit him because of his ailment.

Tathagata, a resident of Bagnan in Howrah, requested the university in August last year to allow him to study the course. The university did not respond to his appeals, prompting the youth to move the high court.

All medical colleges in the state are affiliated to the health university.

Justice Arindam Sinha had on November 12 ruled that Tathagata could not be denied admission because university rules did not prevent persons suffering from schizophrenia from studying for an MBBS degree.

The university then moved a division bench challenging Justice Sinha’s order. The university submitted before the bench of Justice Harish Tandon and Justice Subhasish Dasgupta that a person suffering from schizophrenia should not be allowed to become doctor keeping in mind “the safety of the patients he would treat”.

The bench after hearing both sides directed the university on Thursday to admit Tathagata to the MBBS course at the NRS Medical College and Hospital in the 2019-20 academic year.

The bench also criticised the university for not obeying the directive of Justice Sinha.

Appearing for the state, additional advocate general Abhratosh Majumdar had pointed out during the hearing that a person suffering from schizophrenia might hear, see, smell or feel certain things that nobody else would do.

“Schizophrenia is a kind of mental disorder that affects how a person thinks, feels, and behaves. A patient of schizophrenia at times loses touch with reality. So, a person suffering from this ailment can’t be allowed to treat patients,” Majumdar had said.

Biswarup Bhattacharya, the lawyer appearing for the student, said Tathagata had lost an academic year because of the university’s refusal to abide by Justice Sinha’s order.

Tathagata attended the court proceedings on Thursday. “I am very happy. My dream has come true. I strongly believe I will be a good doctor,” Tathagata said after hearing the judgment.

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