New Delhi: In a landmark judgement, the Supreme Court Tuesday ruled that mere existence of a benchmark disability of 40 per cent does not bar a candidate from being considered for admission to an educational institution, unless a medical assessment board opines the disability will come in way of pursuing the course. A bench of Justices B R Gavai, Aravind Kumar and K V Viswanathan also held that if the Disability Assessment Boards conclude the candidate won’t be able to pursue the course, it should state why.
“We hold that quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions. The candidate will be eligible, if the Disability Assessment Board opines that notwithstanding the quantified disability the candidate can pursue the course in question,” the bench said.
The top court gave its detailed reasoning in the case of Omkar Ramchandra Gond, an aspiring medical student from Maharashtra who qualified the NEET (UG)-24.
Gond was held as ineligible from pursuing an MBBS course as he suffered 45 percent speech and language permanent disability under the Graduate Medical Education Regulations of 1997.
The top court had on September 18 granted admission to Gond after seeking an opinion from a medical board.
Justice Viswanathan, who penned the verdict on behalf of the bench, said that it is the constitutional goal that within the limits of its economic capacity and development, the State was to make effective provisions for securing the right to education including for the persons with disabilities.
In its 42-page verdict, the bench directed that the DABs assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question.
“The Disability Assessment Boards should state reasons in the event of the Disability Assessment Boards concluding that the candidate is not eligible for pursuing the course,” it said.
The bench added that pending formulation of appropriate regulations by the National Medical Commission (NMC), pursuant to the communication of January 25, 2024 by the Ministry of Social Justice and Empowerment, the DABs will keep in mind the salutary points while forming their opinion.
“Pending creation of the appellate body, we further direct that such decisions of the Disability Assessment Boards which give a negative opinion for the candidate will be amenable to challenge in judicial review proceedings,” it said.
Justice Viswanathan said the court seized of the matter in the judicial review proceedings shall refer the case of the candidate to any premier medical institute for an independent opinion and relief to the candidate will be granted or denied based on its the opinion.
The top court set aside the August 29 order of the Bombay High Court refusing to interfere with the decision of not allowing Gond to pursue an MBBS course.
The bench said the appendix H-I of the Regulations of 1997, which deals with admission to students with specified disabilities under the Rights of Persons with Disabilities (RPwD) Act with respect to MBBS courses, provides a “peculiar scenario”.
“While people with less than 40% disability are not eligible for PwD quota, though they can pursue the Medical Course, persons with equal to or more than 40% disability are not eligible for the medical course,” it added.
It said lumping together persons with benchmark disabilities who can pursue the educational course with those with the same disabilities who, in the opinion of the medical board, cannot pursue the course would tantamount to over inclusion and this is precisely what “Article 14 frowns upon”.
“We are constrained to hold that the Appendix H-1 in the notification of May 13, 2019, issued by the Medical Council of India cannot be interpreted to mean that merely because of the quantification of the disability percentage exceeding the prescribed limits, a person automatically becomes ineligible for the medical course,” it held.
Referring to the communication of January 25 issued by the Centre, the bench said the NMC was obliged to take into account the developments in aids and assistive devices and also technologies which are capable of reducing the effects of disability and ensure that the statutory requirements of RPwD Act are followed in letter and spirit.
The top court said that it has no reason to doubt that the NMC will expeditiously comply with the requirements in the January 25 communication.
“In any event, we direct that the needful be done by the National Medical Commission before the publication of the admission brochure for the academic year 2025-26,” the bench said.
The top court said that in the revised regulations and guidelines which the NMC will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognised in the RPwD Act.
“The approach of the Government, instrumentalities of States, regulatory bodies and for that matter even private sector should be, as to how best can one accommodate and grant the opportunity to the candidates with disability. The approach should not be as to how best to disqualify the candidates and make it difficult for them to pursue and realise their educational goals,” it said.
