The Supreme Court, on Tuesday, October 15, reinforced that the mere existence of a benchmark disability does not automatically disqualify a candidate from pursuing an MBBS degree. The Court ruled that admission cannot be denied based solely on the disability percentage unless a disability assessment board explicitly states that the candidate is incapable of completing the course.
In a landmark decision, the bench, including Justices BR Gavai and KV Viswanathan, emphasized the need for a more inclusive approach toward candidates with disabilities. They criticized the National Medical Commission’s (NMC) previous stance on disqualifying candidates and highlighted the importance of applying the concept of reasonable accommodation more broadly, in line with the objectives of the Directive Principles of State Policy.
The case involved a special leave petition challenging a Bombay High Court decision that deferred addressing a plea against a regulation disqualifying individuals with speech and language disabilities exceeding 40% from MBBS admissions. The Supreme Court’s ruling came after a medical board at Byramjee Jeejeebhoy Government Medical College in Pune found that the petitioner’s 44-45% speech and language disability did not hinder his capability to pursue medical studies.
Justice Gavai noted, “The disability board must assess whether the disability will impede the candidate’s ability to pursue the course effectively. If deemed ineligible, the board is required to provide specific reasons, which can be challenged through judicial review if necessary.”
This decision paves the way for a more equitable admission process, ensuring that candidates with disabilities are judged on their ability to complete their studies rather than being excluded on the basis of their disability percentage alone. The Court also instructed that, until an appellate body is established, candidates can appeal decisions made by disability assessment boards before a judicial authority. This ensures a further layer of oversight and protection for candidates facing potential discrimination.
