PESHAWAR, The Peshawar High Court has reserved its order in a review petition filed by a disabled student seeking admission to a public sector medical college against seats reserved for the disabled.

Shehla Qasim, suffering from polio, had been denied admission by the joint admission committee on the basis of recommendations of the disability committee of the medical colleges. The committed had recommended five other students for admission in the 2007-08 session.

The petitioner claimed that the said five students were children of influential people, including doctors, and were suffering from common diseases and had no permanent disability.

The bench comprising Justice Dost Mohammad Khan and Justice Imtiaz Ali heard arguments advanced by the counsel of the petitioner, Khyber Medical College (KMC) and the five students, Zainul Abideen, Sundus Ghani, Amna Ahmed, Mahreen and Faheemullah Khan.

The petitioner claimed that one of the admitted students was suffering from diabetes, another from liver ailment and one from some skin infection.

During the course of proceedings, Justice Dost Mohammad wondered how diabetes could be termed permanent disability by the concerned committee.

The bench observed if the medical colleges had been accepting such wider definition of disability they should also increase the number of such reserved seats. “In future students suffering from common diseases including cardiac ailment, kidney problem, tuberculosis, etc. will also apply on reserved seats for disabled persons on the same ground,” Justice Dost Mohammad observed.

The bench further observed that unfortunately certain elements in the health profession were involved in unfair means which had damaged the health delivery system and deserving persons were deprived of their due rights.

The petitioner’s counsel, Rehmanullah Khan, contended that under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, a person suffering from diabetes could not be termed disabled.

Advocate Ghulam Shoaib Jallay, appearing for the KMC, said the definition of disability was different in the prospectus and the disability committee concerned had recommended them (admitted students) after thorough scrutiny. He argued that the petitioner had appeared in entry tests held in subsequent years and thus she had waived her right to challenge the issue in the court.

He contended that even if the court declared the admission of any of the students as illegal, the petitioner could not be given any benefit because she was at serial No. 14 of the merit list that year.

The bench observed that none of the other affected students had approached the court which meant that they were not aggrieved with these admissions or they had patched up the matter and due to the same reason the benefit, if any, would be given to the petitioner.