The Supreme Court on Tuesday held that individuals with over 40% speech and language disability cannot be denied admission to MBBS courses merely based on the quantification of their disability. [Omkar v. The Union of India and Ors]
A Bench of Justices BR Gavai, Aravind Kumar and KV Viswanathan emphasised that the approach of the National Medical Commission (NMC) should not be how to disqualify candidates.
"The approach should not be as to how best to disqualify the candidates and make it difficult for them to pursue and realize their educational goals.. Concept of reasonable accommodation would be purposive construction of NMC guidelines. Reasonable accommodation under 2(y) should not be considered narrowly for the ones with assistive devices. It will further the objectives under the Directive Principles of State Policy," the Court said.
The Court was hearing a special leave petition (SLP) challenging a Bombay High Court decision that adjourned the petitioner's plea against a regulation that disqualifies persons with speech and language disabilities exceeding 40% from MBBS admissions.
The 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.
In an order dated September 2, the Supreme Court directed 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.
The Court held today that the candidate's 44-45% disability should not be a reason to deny admission. Instead, each candidate should be evaluated individually, it said.
Observing that in case the medical board's report was favourable, the Court allowed the appeal.
The 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.
Advocates Pradnya Talekar, Pulkit Agarwal, Ajinkya Sanjay Kale, Madhavi Ayyappan, Vishakha Sanjay Patil, Sudhanshu Kaushesh, Shreyans Raniwala, Avnish Chaturvedi, Vibhu Tandon, Anubhav Lamba, Md Anas Chaudhary, and Manya Pundhir appeared for the petitioner, one Omkar.
Additional Solicitor Generael SD Sanjay with Advocates Sudhakar Kulwant, Yashraj Bundela, Kartikeya Asthana, and N Visakamurthy appeared for the Union government.
Senior Advocate Gaurav Sharma with Advocates Prateek Bhatia, Dhawal Mohan, Paranjay Tripathi, and Rajesh Raj appeared for the National Medical Commission.
Advocates Shrirang B Varma, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna, Preet S Phanse, and Adarsh Dubey appeared for the State of Maharashtra.
[Read judgment]