The Supreme Court has set aside the Delhi High Court’s order denying admission to a Scheduled Caste candidate with benchmark disabilities (PwBD) in the MBBS course and directed the All India Institute of Medical Sciences (AIIMS), New Delhi, to admit him under the SC-PwBD quota in the 2025–2026 academic session. The Court strongly emphasised that reasonable accommodation is not a matter of charity but a fundamental right under Articles 14, 16, and 21 of the Constitution.
The judgment was delivered by a Bench comprising Justice Vikram Nath and Justice Sandeep Mehta in Kabir Paharia vs. National Medical Commission & Ors. [Civil Appeal No(s). of 2025 arising from SLP (Civil) No. 29275 of 2024].
Background
The appellant, Kabir Paharia, a Scheduled Caste candidate with a 42% locomotor disability, had secured 542 marks in the NEET-UG 2024 and obtained a rank of 176 in the SC-PwBD category. Despite his high merit, he was denied admission to the MBBS course after the Disability Certification Board at VMMC-SJ Hospital and later the AIIMS Medical Board deemed him ineligible based on NMC/MCI guidelines.
Challenging this, Paharia filed a writ petition before the Delhi High Court, which was dismissed by a Single Judge on 10 September 2024. A Letters Patent Appeal was also dismissed by the Division Bench on 12 November 2024, prompting the present appeal.
Petitioner’s Argument
Represented by Advocate Rahul Bajaj, the petitioner contended that the rejection of his candidature violated the Rights of Persons with Disabilities Act, 2016, and overlooked his academic excellence. Emphasis was placed on the Supreme Court’s judgments in Om Rathod v. Director General of Health Sciences, 2024 SCC OnLine SC 4283, and Anmol v. Union of India, 2025 SCC OnLine SC 387, where the Court recognised the importance of assistive devices and reasonable accommodation for disabled candidates.
Counsel argued that Paharia’s disability was less severe than the candidates in those cases, and he had demonstrated the ability to perform clinical procedures effectively.
Supreme Court’s Directions and Observations
The Court had earlier, on 2 April 2025, ordered a fresh assessment by a five-member medical board at AIIMS, including a neuro-physician and a locomotor disability specialist. The report, dated 24 April 2025, concluded that Paharia successfully performed clinical tasks like intubation, suturing, and chest compressions with functional adaptation. The only noted difficulty was in wearing standard sterilised gloves due to missing fingers.
Rejecting this as a minor issue, the Court held:
“This trivial aberration, by no stretch of imagination, can be a ground to deny admission to the appellant…when he is otherwise qualified and scored exceedingly high rank.”
The Court found that a candidate with lower merit had already been allotted a seat at AIIMS under the same category, making the denial to Paharia “grossly illegal, arbitrary and violative” of his fundamental rights.
The Bench underscored:
“The constitutional promise of equality is not merely formal but substantive… Reasonable accommodation is not a matter of charity but a fundamental right flowing from Articles 14, 16, and 21.”
It directed AIIMS, New Delhi, to admit Paharia under the SC-PwBD quota for the 2025–2026 academic session and exempted him from retaking the NEET-UG.
Guidelines Revision Ordered
The Court further directed the National Medical Commission (NMC) to complete the revision of its guidelines—aligned with the Om Rathod and Anmol rulings—within two months and in any case before the next counselling cycle. The Court warned:
“Systemic discrimination against persons with benchmark disabilities, whether direct or indirect, must be eliminated… assessment of their capabilities must be individualised, evidence-based, and free from stereotypical assumptions.”
Conclusion
The appeal was allowed, and the High Court’s impugned judgment dated 12 November 2024 was set aside. The Bench also appreciated counsels Rahul Bajaj and Amar Jain (both with benchmark disabilities) for their advocacy and Ms Archana Pathak Dave, ASG, for her cooperative stance.
