Are Candidates with more than 40 percent Speech and Language Disability Eligible for MBBS Admissions? Supreme Court Asks Medical Board
New Delhi: While considering the plea of an MBBS aspirant, who is suffering from more than 40% speech and language disability, the Supreme Court recently directed to set up a medical board by the Dean, Byramhee Jeejeebhoy Government Medical College, Pune to examine if the petitioner student would be eligible for admission to MBBS course.
The petitioner approached the Apex Court bench after an interim relief against the cancellation of MBBS admission was denied by the Bombay High Court, which has adjourned the matter for three weeks.
"We, therefore, direct the Dean, Byramjee Jeejeebhoy Government Medical College, Pune (for short “BJGMC”) to constitute a Medical Board consisting of one or more specialists, having domain expertise pertaining to the impairment faced by the petitioner. The Medical Board shall specifically examine as to whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course," ordered the top court bench of Justices BR Gavai and KV Vishwanathan.
Asking the Dean of BJGMC to submit the report before the Court by 7th September, the Court has listed the matter for further hearing on 09.09.2024. The petitioner was disqualified based on the percentage of speech and language disability mentioned in the disability certificate for NEET admission, dated 16th August 2024.
After examining the petitioner, the Certifying Authority concluded that since the persons having speech and language disability more than 40 percent are not eligible as per the existing rules, the petitioner was ineligible since his disability was to the extent of 44 percent.
As per the latest media report by Live Law, the petitioner approached the Bombay High Court against the ruling of the Certifying Authority and also challenged the 'Graduate Medical Education Regulation, 1997' framed by the Medical Council of India holding that persons with equal to or more than 40% disability would not be eligible to pursue MBBS course.
He argued that the regulations were contrary to the Section 32 of the Right of Persons and Disabilities Act, 2016 and sought a declaration that such regulations were ultra-vires Articles 14, 15, 19(1)(g), 21 and 29(2) of the Constitution of India.
The petitioner submitted before the bench that his admission was cancelled because he suffered from speech and language impairment of 44-45%. He further submitted that he did not suffer from any 'functional infirmities or disqualifications' which would cause obstacles in completing his education. It was further submitted by the petitioner that the results of the Centralized Admission Process (CAP) Round 1 would be declared on August 30, while the High Court has inconsiderable adjourned the matter to September 19.
While considering the matter, the Supreme Court bench took note of another case having similar facts in which the Apex Court had directed the petitioner, who was suffering from 55% speech and language impairment to be examined by an independent Medical Board which had to submit a report stating whether the petitioner would be able to pursue the MBBS course.
Accordingly, the bench directed BJGMC Dean to set up a medical board to examine the issue. However, the bench clarified, "We clarify that the Medical Board so constituted shall not be affected by the requirements under the regulation whereby persons above 40 per cent speech and language disability are disqualified."
"The petitioner shall remain present before the Dean, BJGMC on 05.09.2024, when the medical examination shall be conducted. The Dean, BJGMC is requested to forward report to this Court by Saturday, i.e., 07.09.2024. List this matter on Monday, i.e., 09.09.2024," it further ordered.
To view the Supreme Court's order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-bjgmc-251037.pdf
