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New Delhi, October 15, 2024 – In a landmark judgment, the Supreme Court of India ruled that disability exceeding 40 per cent should not automatically disqualify a candidate from securing admission to a medical course under the Persons with Disabilities (PwD) category. This decision emphasizes the protection of rights enshrined in the Rights of Persons with Disabilities Act, 2016.
The ruling came in response to a plea by a medical aspirant from Maharashtra who faced rejection from the Sir JJ Group of Hospitals due to a 44 per cent speech and language disability. Despite clearing the NEET-UG 2024 exam, the hospital deemed him ineligible for medical admission under the amended Graduate Medical Education Regulations set by the National Medical Commission (NMC). According to these regulations, individuals with disabilities of 40 per cent or more are considered ineligible for admission to medical courses.
After the Bombay High Court declined to provide interim relief, the aspirant moved the Supreme Court. In September 2024, the apex court intervened, ordering a seat to be kept vacant for the candidate pending a detailed evaluation. The court further directed the formation of a medical board to assess whether the aspirant’s disability would hinder his ability to pursue the MBBS program.
Following the board’s favorable assessment, the Supreme Court, led by a bench headed by Justice B.R. Gavai, with Justices Aravind Kumar and K.V. Viswanathan, ruled in favor of the aspirant. The court concluded that the 44 per cent disability, though above the NMC’s threshold, did not impede the student’s eligibility for medical studies. The bench highlighted that the Appendix H-1 of the 2019 notification issued by the Medical Council of India should not be interpreted in a rigid manner, wherein exceeding the disability limit would automatically disqualify a candidate.
In its ruling, the court emphasized the need for a more inclusive approach by government institutions, regulatory bodies, and even private entities, underscoring the importance of accommodating candidates with disabilities wherever possible. “Quantified disability per se will not dis-entitle a candidate with benchmark disability from being considered for admission to educational institutions,” the court stated.
The court further confirmed the aspirant’s admission, directing authorities to recognize it as valid under the law.
This ruling sets a significant precedent, offering hope to future medical aspirants with disabilities and reaffirming their right to access educational opportunities without undue restrictions.
