The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Tuesday held that quantified disability per se will not disqualify a candidate with benchmark disability from being considered for a MBBS.
A bench of Justices B R Gavai, Aravind Kumar and K V Vishwanathan adopted a purposive interpretation of the Rights of Persons with Disability Act, 2016, to hold that merely because of the quantification of the disability for speech and language at 40% or above, a candidate does not forfeit his right to stake a claim for admission to course of their choice.
The bench noted a peculiar scenario in the NMC regulation.
"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. Read literally, while persons with speech and language disability with less than 40% are not entitled to the reserved quota, if they have 40% or more disability they are rendered ineligible for the medical course," the bench said.
"The column under the guidelines “Eligible for Medical Course, Eligible for PwD quota” is left blank reinforcing the absurd position that under this category no one is rendered eligible for the 5% reserved quota (PwD). Certainly that cannot be the legal position," the bench added.
The court directed that the NMC's regulations in the notification of May 13, 2019, should be read in the light of this judgment.
The National Medical Commission will expeditiously comply with the requirements in the communication of the Ministry of Social Justice and Empowerment issued on January 25, 2024 for review of the regulation, it said.
"In any event, we direct that the needful be done by the NMC before the publication of the admission brochure for the academic year 2025-26," the bench said.
The court said, 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," the bench said.
The bench said that a constitutional court examining the plea of discrimination is mandated to consider whether real equality exists and also obliged to probe as to whether beneath the veneer of equality there is any invidious breach of Article 14 of the Constitution.
Justice Viswanathan, who authored the judgment on behalf of the bench, said the candidate will be eligible, if the disability assessment board opined that notwithstanding the quantified disability the candidate can pursue the course in question.
The court also clarified 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 disabilities assessment boards are not monotonous automations to just look at the quantified benchmark disability as set out in the certificate of disability and cast aside the candidate. “Such an approach would be antithetical to Article 14 and Article 21 and all canons of justice, equity, and good conscience," the bench said.
The court gave detailed reasons for its September 18 order, which allowed a candidate Omkar Ramchandra Gond to be admitted to the MBBS course after the medical board opined that he could pursue medical education without any impediment.
The bench said that the candidate's 44-45% disability should not be a reason to deny admission and each candidate should be evaluated individually.
In its judgment, the bench said acclaimed Bharatanatyam dancer Sudha Chandran, Arunima Sinha who conquered Mount Everest, prominent sports personality, H Boniface Prabhu, entrepreneur Srikanth Bolla and Dr Satendra Singh, the founder of ‘Infinite Ability’, are some of the shining daughters and sons from a long and illustrious list of individuals in India who scaled extraordinary heights braving all adversities.
"The world would have been so much the poorer if Homer, Milton, Mozart, Beethoven, Byron and many more would not have been allowed to realize their full potential. Distinguished Indian Medical Practitioner Dr Farokh Erach Udwadia in his classic work “The Forgotten Art of Healing and Others Essays’ under the Chapter ‘Art and Medicine’ rightly extolls their extraordinary talent, and of the many more similarly circumstanced," the bench said.