Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme Court

The Supreme Court on Tuesday (October 15) held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that candidate is incapacitated from studying the MBBS course.Mere quantification of the disability will not disbar a candidate and the capacity to pursue the course has to be examined by the disability assessment board.The negative opinion of the disability assessment board is not final and can be reviewed by the judicial bodies till appellate forums are created, the Court added."Mere existence of benchmark disability will not disqualify a candidate from being eligible for the course. The disability board assessing the disability of the candidate must positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course. Disability board should also state reasons in the event it concluding that the candidate is not eligible in pursuing the course. Pending creation of appellate bodies, the negative opinion of the disability assessment boards would be amenable to challenge in judicial review proceedings. The Courts seized of the matter should refer the candidate to any premier medical institute having facility for an independent opinion and relief to the candidate would be granted or denied based on the opinion of the said medical institution," the Court held.A bench comprising Justices BR Gavai, Aravind Kumar KV Viswanathan was pronouncing the judgment in a petition filed by a candidate with 40-45% speech and language disability seeking MBBS admission. On September 18, the Court had passed an order allowing the candidate MBBS admission after a medical board constituted by the Court opined that he could pursue medical education. Today, the bench delivered the detailed judgment giving reasons for its order.The petitioner challenged the Graduate Medical Education Regulation, 1997 which barred persons with equal to or more than 40% disability from MBBS course.Mere existence of disability will not disqualify the candidate : SCThe judgment pronounced by Justice Viswanathan held that "merely because the quantification of disability for speech and language is 40% or above, a candidate does not forfeit his right to stake a claim for admission."The judgment held that such an interpretation would render the Graduate Medical Education Regulation "overbroad" for treating unequals equally. "A constitutional court examining the plea of discrimination is mandated to consider whether real equality exists. The Court should not be carried away by a projection of facial equality," Justice Viswanathan read out from the judgment.The Court held that the regulation, at first blush, may appear to be non-discriminatory as it was uniformly barring all persons with 40% or more disability. However, a Court of law has to probe whether beneath the veneer of equality, is there any breach of Article 14.The Court expressed the hope that in the revised regulations and guidelines which the National Medical Commission will issue, an "inclusive attitude" will be taken towards persons with disability from all categories, based on the concept of "reasonable accommodation" recognized under the Right of Persons with Disabilities Act 2016. In this regard, the Court commended the Union of India for the communication issued by the Ministry of Social Justice to the National Medical Commission.The approach of government instrumentalities and private entities should be how best they can grant an opportunity to candidates with disabilities and the approach should not be to how to disqualify them, the Court reminded.The concept of "reasonable accommodation" would compel the Court to interpret the Regulations in a manner that furthers the objectives of the Rights of Persons with Disabilities Act. The mandate of the law is to ensure the full and effective participation of persons with disabilities in society as equal citizens.Disability assessment boards must apply mindThe judgment further held :"Disability assessment boards are not just monotonous automation to just look at the quantified benchmark disabilities as set out in the certificate of disability to cast aside a candidate. Such an approach would be antithetical to Articles 14 and 21 of the Constitution and all canons of justice, equality and good conscience.The Disability assessment boards are obliged to assess the further question as to whether the candidate, in the opinion of the experts, would be eligible to pursue the course or in other words whether the disability will or will not come in the way of the candidate pursuing the course in question."The judgment also referred to some "illustrious sons and daughters of India" who have braved adversities and achieved great achievements overcoming disabilities. Bharatanatyam dancer Sudha Chandran, Arunima Singh who climbed Mount Everest, prominent sports personality...

Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme Court

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