[AI] HC lets blind girl take up physiotherapy
rajeshasudani at rbi.org.in
Tue Aug 3 00:59:11 EDT 2010
Sure, Kanchan has done a wonderful job by procuring provisional admission at least, for Kritika through judiciary.
However, if the situation has really to change, such judgments don't have to be confined to an individual case, but courts have to lay down general principles to be applied across cases.
For Instance, in this case, court could have laid down by way of ratio decidendi, that admission to a VI need not be denied in a course if s/he is qualified for admission and possibility exists that course can be undertaken by reasonable accommodation.
Further, the presumption that certain disability prevents the study is logically flawed, the educational institution has to establish it.
However, courts are not at all willing to lay down such principles, and so, judiciary represents a battle ground where almost three crore individual battles are going at present with average fighting period of 15 years at present.
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From: accessindia-bounces at accessindia.org.in [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of Subramani L
Sent: Tuesday, August 03, 2010 9:50 AM
To: accessindia at accessindia.org.in
Subject: Re: [AI] HC lets blind girl take up physiotherapy
No doubt that the efforts of Kanchan needs to be lauded, but as the
judges have observed, it is a shame that we still have to fight for
admissions and involve ourselves in a bully-off to win what is our
due... Hope judgements like this change the situation. I feel that is
the real triumph for Kanchan's efforts.
On 8/3/10, prateek aggarwal <prateekagarwal99 at gmail.com> wrote:
> a good news comes to us, by the grace of god, and hard efforts of
> kanchan pamnani mam.
> thank you, mam, for all of your nice efforts.
> you're doing fantastic work.
> folks, join me to cheer this girl and our own kanchan mam after
> reading the news below.
> HC lets blind girl take up physiotherapy
> Rebecca Samervel, TNN, Aug 3, 2010, 03.44am IST
> MUMBAI: Visually impaired Kritika Purohit (17) created a history of
> sorts on Monday, when the Bombay high court granted her provisional
> admission to the
> physiotherapy course at G S Medical College. Purohit is probably the
> first visually challenged student in the state to have got through a
> Even as it granted her the permission, the HC division bench, of Chief
> Justice Mohit Shah and Justice S C Dharmadhikar, chastised the
> government, saying
> when disabled people were trying to make a difference, the state
> should change their mindset and give them a chance.
> Purohit moved the high court when she was barred from appearing for
> the MH-CET exams. The HC, however, allowed her to take the exams and
> after clearing
> it, Purohit sought admission to the physiotherapy course at G S
> Medical College. However, the institute denied her admission; the
> state said Purohit was
> not being granted admission on the grounds that "the course required
> handling of certain electrical devices that might pose a problem for
> the student''.
> Purohit's lawyer Kanchan Pamnani, also visually impaired, said it
> would be difficult for her to study but not impossible.
> Ordering the authorities to grant her provisional admission and the
> chance to attend classes, the court said, "This mindset has to change.
> You must feel
> from within...many families have disabled people. That doesn't mean
> you don't accept them.'' "Nothing is going to work out unless you make
> a beginning
> somewhere sometime,'' said Chief Justice Shah.
> Purohit's parents Shekar and Shaswati could hardly hold back tears.
> "Kritika lost her sight when she was nine years old. But even at that
> age, she was
> interested in science and wanted to do physiotherapy. We are very
> proud of her,'' said her mother.
> Prateek agarwal.
> Wanna see inside me? My blog is the telescope:
> the best way to accomplish your softwares/websites development needs.
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