Rights of Persons with Disabilities Act, 2016 – MBBS course – Admission for academic year 2024-25 – PwD category – Appellant has speech and language disability and is diagnosed with Hypernasality with Misarticulation IN K/C/O Repaired Bilateral CLEFT of palate – Appellant appeared for the NEET (UG) 2024 and qualified the same – As required, appellant underwent medical examination – The Designated Disability Certification Centre certified that the appellant has physical disability of speech and language of 44% (in some reports, it was mentioned as 45%) and recorded that based on quantification of disability, the appellant was not eligible to pursue the medical course as per NMC norms – Propriety: Held: The Appendix H-I in the notification of 13.05.2019, issued by the Medical Council of India provides a peculiar scenario – While people with less than 40% disability are not eligible for PwD quota, though they can pursue the Medical Course, persons with equal to or more than 40% disability are not eligible for the medical course – In any event, adopting a purposive interpretation of the RPwD Act, this Court is of the opinion that merely because of the quantification of the disability for speech and language at 40% or above, a candidate does not forfeit his right to stake a claim for admission to course of their choice – Appendix H-1 cannot be interpreted to mean that merely because on the quantification of the disability percentage exceeding the prescribed limits, a person automatically becomes ineligible for the medical course – The concept of reasonable accommodation would encompass within itself the deployment of a purposive and meaningful construction of the NMC Regulations of 13.05.2019 read with the Appendix H-1 guidelines in a manner as to further the objectives of the RPwD Act – While interpreting the Regulations and Guidelines, as provided in Appendix H-1 to the notification dated 13.05.2019, as they stood for the academic year 2024-25, keeping in mind the salutary object of the RPwD Act and Article 41 of the Directive Principles of State Policy, it is directed that mere existence of benchmark disability of 40% or above (or such other prescribed percentages depending on the disability) will not disqualify a candidate from being eligible for the course applied for – The Disability Assessment Boards assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question – The directions of this Court in Bambhaniya case was carried forward and the Government of India through the Ministry of Social Justice and Empowerment issued a communication dated 25.01.2024 to the National Medical Commission – The Disability Assessment Boards will, pending formulation of appropriate Regulations by the NMC, pursuant to the communication of 25.01.2024 by the Ministry of Social Justice and Empowerment, keep in mind the salutary points mentioned in the said communication while forming their opinion – In the instant case, pursuance to the order of this Court, a report dated 13.09.2024 was prepared and the Medical Board has opined that the Appellant’s speech and language disability would not come in the way of the appellant pursuing the MBBS Course – Therefore, in view of the favorable report, admission is granted to the appellant – The admission of appellant is confirmed and the concerned authorities are directed to treat the admission as a valid admission in the eye of law. [Paras 12, 20, 21, 23, 48, 53(v)] Rights of Persons with Disabilities Act, 2016 – MBBS course – Admission for academic year 2024-25 – PwD category – Whether quantified disability per se will disentitle a candidate with benchmark disability from being considered for admission to educational institutions:
Held: The quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions – The candidate will be eligible, if the Disability Assessment Board opines that notwithstanding the quantified disability the candidate can pursue the course in question. [Para 53(i)]
Rights of Persons with Disabilities Act, 2016 – MBBS course – Admission for academic year 2024-25 – PwD category – Disability Assessment Boards:
Held: The Disability Assessment Boards assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question – The Disability Assessment Boards should state reasons in the event of the Disability Assessment Boards concluding that the candidate is not eligible for pursuing the course – The Disability Assessment Boards will, pending formulation of appropriate regulations by the NMC, pursuant to the communication of 25.01.2024 by the Ministry of Social Justice and Empowerment, keep in mind the salutary points mentioned in the said communication while forming their opinion. [Paras 53(ii), 53(iii)]
Rights of Persons with Disabilities Act, 2016 – MBBS course – Admission for academic year 2024-25 – PwD category – Disability Assessment Boards – Negative opinion for the candidate – Judicial review:
Held: Pending creation of the appellate body, it is directed that decisions of the Disability Assessment Boards which give a negative opinion for the candidate will be amenable to challenge in judicial review proceedings – The Court seized of the matter in the judicial review proceedings 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 High Court had referred the matter. [Para 53(iv)]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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