The Supreme Court of India has issued a set of guidelines to the Central Government on how educational institutions should accommodate disabled medical students. The ruling came after a civil appeal filed by Om Rathod, a disabled medical student, against the Director General of Health Services. The three-judge Bench, consisting of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, highlights improving accessibility for students with disabilities in medical education.
Reference to UK Guidelines for Disabled Students’ Support
In its judgment, the Court referred to the General Medical Council’s guidelines in the UK titled Welcome and Valued. These guidelines provide a framework for institutions to support disabled medical students. The guidelines suggest forming a support group to manage the needs of students with disabilities, designating specific contacts for students and staff involved in support, and ensuring confidentiality by informing students on how their information will be used. Institutions are also advised to maintain clear records of decisions made in providing accommodations for students to ensure transparency.
Case Background: Om Rathod’s Appeal Against Disability Assessment
Om Rathod, who has a lower limb disability, performed well academically, scoring highly in his Class X and XII exams. He appeared for the NEET UG 2024 under the PwD (Persons with Disability) category and secured a good rank. However, despite holding a valid Disability Certificate, a medical board at AIIMS, Nagpur, assessed him as 88% disabled and declared him unfit for an MBBS course. Dissatisfied with this decision, Rathod approached the Bombay High Court, but his petition was dismissed. He then appealed to the Supreme Court for justice.
Court’s Highlights on Equality, Inclusion, and National Progress
In its judgment, the Court underscored that a nation can only progress when all its citizens, including those with disabilities, are included. Discrimination against people with disabilities limits not only their potential but also the growth of the nation. The Court quoted Dr. Martin Luther King Jr., noting that allowing injustice to persist undermines the country’s commitment to equality and fairness.
Key Directions from the Court: Ensuring Fairness and Transparency
The Court issued several important directives aimed at ensuring fair treatment and access to education for disabled students. It stressed the need for institutions to maintain an audit trail for decisions made regarding accommodations for disabled students, ensuring transparency in the process. The Court also recommended renaming Disability Assessment Boards as “Ability Assessment Boards” and urged the inclusion of experts with disabilities in the assessment process. Furthermore, it stated that reasonable accommodation is a fundamental right for students with disabilities, enabling them to access education without facing discrimination. The Court ordered the creation of a supernumerary seat at AIIMS, Nagpur, for Om Rathod, provided he had not already secured admission elsewhere. Additionally, the Court directed that Rathod be protected from any form of victimization during his education.
Conclusion: Ruling in Favor of Disabled Medical Students
The Supreme Court ruled in favor of Om Rathod, setting aside the previous judgment. The Court called for the development of new, inclusive guidelines for admitting students with disabilities into medical courses. These guidelines must be formulated with input from experts in disability rights and should ensure a fair and transparent process for all medical aspirants.