NEET PG Counselling: SC Relief to medico with 70 percent Hearing Impairment
Supreme Court of India
New Delhi: Granting relief to a medical student having a 70% hearing impairment, the Supreme Court recently allowed her to appear in NEET PG counselling.
Filing the plea before the Supreme Court, the candidate challenged the disability clause under the Post-Graduate Medical Education Regulations, 2023, as per which a person with a hearing disability of 40% or more would be ineligible for admission to postgraduate medical courses.
While considering the petition, the Apex Court bench comprising Justices Vikram Nath and P.B. Varale issued notice in the matter returnable in four weeks.
"Issue notice, returnable within four weeks. In the meantime, petitioner may be allowed to participate in counselling, however, without any equity being created in her favour," ordered the top court bench.
Also Read: SC directs NMC to issue fresh guidelines for admitting PwD candidates to MBBS courses
As per the latest media report by Live Law, the petitioner challenged the disability clause on the grounds of it being discriminatory and arbitrary arguing that it violated Articles 14, 19(1)(g), and 21 of the Indian Constitution and Sections 3, 32, 33, 34 of the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
The petitioner cleared the National Eligibility-Entrance Test Undergraduate (NEET-UG) Exam in 2018 and was issued a provisional allotment letter (Round 1) of the MBBS Course.
Even though NEET UG 2018 Information Bulletin, published by CSBE, mentioned that 5% of the annual sanctioned intake would remain reserved for PwD candidates (more than 40% disability) in terms of Section 32 of the RPwD Act, the petitioner was denied admission altogether.
According to the petitioner, she was denied admission citing a report dated 05.06.2018, based on the recommendation of the Expert Committee set up by the erstwhile Medical Council of India (MCI).
The MCI Committee had recommended incorporating an ineligibily clause in the UG Medical Education Regulations, 2018 and by this bar admission of persons with an auditory disability greater than the set benchmark of 40% to undergraduate medical education.
Finally, she was admitted to the MBBS course by a Division bench of the Delhi High Court pursuant to the Supreme Court in Ashutosh Purswani v. UOI & Ors (2018).
Now that the petitioner has completed her MBBS course, she wishes to pursue a PG Degree in medical education. However, as per Regulation 4.8 of the 2023 PGMER regulations issued by the National Medical Commission (NMC), persons having a hearing disability of 40% or more would be ineligible for admission to PG Medical Courses unless the hearing loss is reduced to less than 40% with the help of assistive devices.
Arguing on behalf of the petitioner, her advocate Prashant Bhushan submitted that so many posts are reserved for PwD candidates in the medical field. However, the petitioner could only be eligible for reservation if she is allowed to pursue M.D course. He also urged the Court to grant an interim relief, which was granted by the top court bench.
To view the order, click on the link below:
