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The Supreme Court of India has decided that having a certain level of disability does not automatically disqualify a candidate from studying medicine (MBBS). The Court highlighted that a proper assessment must be conducted to determine if a candidate’s disability truly affects their ability to pursue medical studies.
Important Ruling on MBBS Eligibility for Disabled Candidates
On October 15, 2024, the Supreme Court ruled that just because a candidate has a disability of 40% or more, it doesn’t mean they cannot study medicine. The Court stated that a disability assessment board needs to evaluate whether the candidate’s disability actually hinders their ability to complete the course. This means decisions should be based on a thorough evaluation of the individual’s abilities rather than strict percentages.
Role of Disability Assessment Boards
The Court emphasized that the decisions made by disability assessment boards can be reviewed by the judiciary. The Court mentioned that until there is a proper appeal process for these decisions, courts can step in when candidates seek help. In such cases, candidates may be sent to reputable medical institutions for an independent evaluation. Based on these evaluations, courts can grant relief if necessary.
The Petitioner’s Situation: Challenging the 40% Disability Rule
The petitioner, who had a speech and language disability above 40%, challenged the Graduate Medical Education Regulation, 1997, which restricts candidates with disabilities of 40% or more from pursuing an MBBS degree. He argued that this rule was unfair and went against the Right of Persons with Disabilities Act, 2016. The petitioner claimed that the rules violated his rights under several articles of the Constitution of India, including the right to equality and the right to life with dignity.
Initially, the Bombay High Court did not grant the petitioner any interim relief, leading to the cancellation of his MBBS admission. However, the Supreme Court later intervened, ordering a medical board to assess his eligibility. Following a positive evaluation, the Court allowed the petitioner to be admitted to the course.
Promoting Inclusivity in Medical Education
Justice Viswanathan, in his ruling, stressed that banning candidates with disabilities over 40% is against the principle of equality. The Court pointed out that treating everyone the same, regardless of their specific challenges, is unconstitutional. This judgment promotes an inclusive approach and acknowledges the need for “reasonable accommodation”, as outlined in the Right of Persons with Disabilities Act, 2016.
The Court criticized attempts to limit opportunities for people with disabilities, emphasizing that the law requires full and effective participation of these individuals in all aspects of society, including education.
The Role of Disability Assessment Boards: Looking Beyond Percentages
The ruling made clear that disability assessment boards must consider more than just the percentage of disability. They need to take a practical approach to evaluate whether the disability truly affects the individual’s ability to complete medical studies. The Supreme Court warned against automatically rejecting candidates based solely on percentage thresholds, stating that this undermines the principles of equality and dignity set out in the Constitution.
Highlighting Success Stories of Persons with Disabilities
To support its point, the Supreme Court referenced inspiring stories of individuals with disabilities who have achieved remarkable accomplishments. These included Bharatanatyam dancer Sudha Chandran, Mount Everest climber Arunima Singh, and para-athlete Boniface Prabhu. The Court noted that individuals with disabilities should be given opportunities to showcase their abilities instead of being judged solely based on their disability percentage.
Directions for Change in Medical Education Regulations
The judgment urged the National Medical Commission (NMC) to revise its guidelines to reflect inclusive principles and reasonable accommodations, ensuring that candidates are not denied opportunities based on strict interpretations of disability rules. This aligns with the Right of Persons with Disabilities Act, 2016, aiming to remove discriminatory practices in educational admissions.
A Step Forward for Disability Rights in Education
This Supreme Court ruling is a significant advancement for inclusivity in professional education, especially in the medical field. It reinforces the idea that eligibility should be based on practical assessments of a candidate’s abilities, not just on a rigid calculation of disability percentages.
The Court directed that the petitioner be admitted to the MBBS program he applied for, reaffirming its commitment to protecting the rights of individuals with disabilities.