In a landmark judgment, the Bombay High Court (HC) has granted permission to a visually impaired student to pursue a course in physiotherapy. Justices Gautam Patel and Neela Gokhale sternly rebuked the Maharashtra State Occupational Therapy and Physiotherapy Council, which handles the physiotherapy curriculum, for its rigid stance that no degree of visual impairment should be allowed for students aspiring to undertake the physiotherapy course.
In a ruling issued on June 20, 2023, the court upheld the petition filed by Zill Jain, a student with a visual impairment disability of 40 per cent, who sought admission to the physiotherapy program. The council opposed Jain's plea, arguing that physiotherapists play pivotal roles in operation theatres, surgical units and ICUs, and therefore, any level of blindness should be categorically prohibited in the study or practice of physiotherapy.
The court took note of the fact that several visually impaired individuals, including students, lawyers and assistants, are effectively functioning in various courts across India. It emphasised the incessant commitment of society and, specifically, the state government to continuously explore avenues to assist those who are most deserving of support, firmly rejecting the notion that nothing can be done.
"We must express our great dismay and displeasure at this approach of a regulatory council. The constitutional mandate is not to find further methods of exclusion. It is not to find new methods to benefit majorities," the court said.
"Our collective endeavour as a society and, particularly that of the state government, has to be a constant effort to find ways to assist those most in need of assistance; and never to say that nothing can be done," the HC said.
Jain, who completed her HSC (Class 12) in March 2022, aspired to study and subsequently practice physiotherapy. However, as per the provisions outlined in the Regulations on Graduate Medical Education, any degree of visual impairment is deemed unsuitable for admission or practice in the field. Subsequently, an amendment was introduced, specifying that individuals with a visual disability of 40 per cent or more are ineligible to pursue such courses.
Through an interim order in October 2022, the High Court permitted Jain to appear for the NEET (UG) 2022 and granted her admission to the physiotherapy course at Nair hospital in Mumbai. She is currently in her first year of the program. The court unequivocally directed that Jain's admission and studies should not be hindered or terminated solely on the basis of her low vision impairment.