'Mere Benchmark Disability Won't Disqualify MBBS Candidate': Supreme Court Asks NMC To Revise Rules

Supreme Court said that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board

The Supreme Court on Tuesday delivered its judgment giving the reasons for allowing MBBS admission for a candidate with 40-45% speech and language disability. The top court said that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board which states that the said candidate is incapacitated from studying the MBBS course.

On September 18, the bench comprising Justices BR Gavai and KV Viswanathan passed an order allowing the petitioner with 40-45% speech and language disability to take MBBS admission.

The top court said that the mere existence of benchmark disability will not disentitle a candidate from pursuing MBBS course and there has to be a reprot by disability assessment board assessing if the candidate is able to pursue medical education.

The court further said that the National Medical Commission (NMC) regulations uniformly barring candidates with benchmark disabilities from medical education are overbroad and directed the NMC to revise its regulations adopting a more inclusive approach.

A bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan delivered this verdict in a plea filed against the order of the Bombay High Court which denied interim relief against the cancellation of the admission of a candidate to the MBBS Course over speech and language disabilities exceeding 40%.

"A constitutional court examining the plea of discrimination is mandated to consider whether real equality exists. The Court should not be carried away by a projection of facial equality," Justice Viswanathan said while pronouncing the verdict.

The Bombay High Court had deferred the matter for three weeks without considering the petitioner's request for interim relief regarding his admission to an MBBS course under the 'persons with disability' category.

On September 2, the Supreme Court ordered the Dean of Byramjee Jeejeebhoy Government Medical College, Pune to constitute a medical board to examine as to whether the speech and language disability of the petitioner would come in the way of his pursuing the MBBS course.

Observing that in this particular case that medical board's report was favourable, the top court had allowed the appeal of the candidate who had moved a petition challenging a Bombay High Court order denying his plea.

The top court held today that the candidate's 44-45% disability should not be the only reason to deny admission. Instead, each candidate should be evaluated individually by a special board.

The apex court further directed that pending creation of an appellate body, the decision of the disability assessment board will be appealable before the judicial decision-making body.

The top court further expressed the hope that in the revised regulations and guidelines which the NMC adopt an "inclusive attitude" towards persons with disability from all categories, based on the concept of "reasonable accommodation" recognised under the Right of Persons with Disabilities Act 2016.

 

 

 

 

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