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Informist, Tuesday, Oct. 15, 2024

 

NEW DELHI – Confirming the admission of a candidate with speech and language disability to MBBS course, the Supreme Court Tuesday said mere existence of a benchmark disability of 40% or above does not disqualify a candidate from being eligible for the course applied. The top court said a candidate will be eligible, if the Disability Assessment Board opines that notwithstanding the quantified disability, the candidate can pursue the course in question.

 

The judgement, written by Justice K.V. Viswanathan, said that Disability Assessment Boards assessing the candidates should positively record whether the disability of a candidate will or will not come in the way of the candidate pursuing the course in question. The boards should state the reasons if it concludes that the candidate is not eligible for pursuing the course, said the Supreme Court bench, also comprising Justices B.R. Gavai and Aravind Kumar.

 

The top court said the Disability Assessment Boards will, pending formulation of appropriate regulations by the National Medical Commission, pursuant to the communication on Jan. 25. by the Ministry of Social Justice and Empowerment, keep in mind the salutary points mentioned in the said communication while forming their opinion. The top court was referring to the ministry's communication to the National Medical Commission, which required the latter to take into account the developments in aids and assistive devices and other technologies capable of reducing the effects of disability. The communication also asked the commission to ensure that the statutory requirements of the Rights of Persons with Disabilities Act, 2016 are followed in letter and spirit. Suggestions were also made for formation of an appellate body against the decisions of medical boards.

 

The apex court said that pending creation of such an appellate body, the decisions of the Disability Assessment Boards which give a negative opinion about a candidate will be amenable to challenge in judicial review proceedings. The courts shall refer the case of the candidate to any premier medical institute having the facility, for an independent opinion and relief to the candidate will be granted or denied based on the opinion of the said medical institution to which the courts had referred the matter, said the apex court.

 

The Supreme Court gave examples of Bharatanatyam dancer Sudha Chandran, Arunima Sinha who conquered Mount Everest, prominent sports personality H. Boniface Prabhu, entrepreneur Srikanth Bolla who "scaled extraordinary heights braving all adversities". The world would have been so much poorer if Homer, Milton, Mozart, Beethoven, Byron and many more would not have been allowed to realise their full potential, said the top court.

 

The apex court was hearing the case of Omkar Ramchandra Gond, who had speech and language disability and was certified to have 45% permanent disability as per the Disability Certificate dated 2017. Gond had applied for the National Eligibility Cum Entrance Test (Under Graduation), 2024 for admission to MBBS course from the category of Persons with Disability and Other Backward Classes on Feb. 18.

 

Gond had appeared for the entrance exam and qualified the same. Under the brochure, candidates with disabilities have to submit a disability certificate for the year and have to undergo medical examination at the Disability Assessment Board. The certification centre certified that Gond had physical disability of speech and language of 45%. The certification centre recorded that based on quantification of disability, Gond was not eligible to pursue the medical course as per National Medical Commission's norms.

 

Consequently, Gond had moved the Bombay High Court contending that the commission was not empowered to lay down eligibility criteria in such a manner as to altogether take away the benefits under the 2016 Act. Gond had sought interim relief for participating in the centralised admission process. However, the high court had deferred the case, against which Gond moved the apex court. The top court took the opinion of a medical board, which said that Gond's speech and disability would not come in the way of the petitioner pursuing MBBS course.  End

 

Reported by Surya Tripathi

Edited by Ashish Shirke

 

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