SC Allows MBBS Candidate with 88 percent Muscular Dystrophy to Participate in NEET UG Counselling
New Delhi: Granting relief to a candidate suffering from 88% muscular dystrophy, the Supreme Court bench allowed him to appear in the National Eligibility-Entrance Test 2024 counselling.
The Apex Court bench comprising CJI DY Chandrachud, Justices J B Pardiwala and Manoj Misra granted relief to the MBBS aspirant after Dr. Satendra Singh submitted a report before the top court bench in this regard.
Further, the National Medical Commission (NMC) also submitted before the Court that considering the fact that the petitioner is a bright student having secured 601 marks out of the maximum of 720, he may be permitted to participate in the ongoing counselling process subject to the clarification that the direction of this Court should not be treated as a precedent concluding all issues of law which may arise in any other case.
"We accordingly direct that the appellant be permitted to participate in the ongoing counseling process arising out of NEET UG 2024," ordered the Apex Court bench.
Medical Dialogues had earlier reported that an MBBS aspirant suffering from 88% Muscular Dystrophy recently approached the Supreme Court after he was disqualified from pursuing the MBBS course. Muscular Dystrophies are a genetically and clinically heterogeneous group of rare neuromuscular diseases causing progressive weakness and breakdown of skeletal muscles over time.
Since the petitioner's disability was assessed to be more than the permissible limit of 80%, he was disqualified from pursuing MBBS course. However, challenging this decision he approached the Apex Court and based on the court's order dated 3 October 2024, a five-Member Board of the All India Institute of Medical Sciences submitted a report evaluating the petitioner's disability.
The said report stated, "The candidate was re-assessed with the assistive device (single hand crutch & motorised scooty). There was minimal to no change in most of the components for disability evaluation as per the GOI gazette (March 2024) with these assistive devices. The possibility of wheelchair usage was also explored which might be required for better efficiency in ambulation component in near future. However, there are no clear guidelines available to assess the disability with assistive devices as per the Govt. of India gazette guideline."
"Further it is to be noted that safety, efficiency and agility of movements are needed to independently use the devices and many times some manual support is also required which may not be available to the candidate at all times and may affect the safety of the candidate and the patients during the skills based training provided in the various setups in the labs and hospitals during the MBBS course training. The Board after careful evaluations of all possibilities concurs with the opinion of the previous medical board held at AIIMS Nagpur dated 13.08.2024 that the disability is above 80% even with consideration of assistive devices and also both upper limbs have significant involvement and hence the candidate is ineligible to pursue MBBS course," added the report.
Previously, while considering the matter, the Apex Court bench had noted that the AIIMS Committee had observed in the report that there were no clear guidelines available to assess the disability with assistive devices in terms of the guidelines issued by the Government of India.
Back then, the Court had sought an expert opinion to ascertain whether the candidate suffering from 88% muscular dystrophy is eligible for the MBBS admission, which was beyond the permissible limit of 80%. Accordingly, the top court bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra had directed Dr. Satendra Singh, the founder of an organisation named Infinite Ability, to take up the matter and assist the court on whether notwithstanding the quantified disability, the petitioner could pursue the MBBS degree course.
Dr. Singh was requested by the top court bench to examine the petitioner and have due regard to such assistive devices and their potential to assist the petitioner to fulfill the requirements of the degree course in medicine.
Accordingly, Dr. Satendra Singh, Director Professor, University College of Medical Sciences and Guru Teg Bahadur Hospital, University of Delhi submitted a report dated 20 October 2024 before the Court.
During the hearing of the case on October 21, the Court had noted that a copy of the report should be furnished to the counsel for the National Medical Commission (NMC). The Court had also requested the NMC counsel to be present on the next date of hearing to assist the court.
During the hearing of the case on October 25, 2024, the court considered the report which was submitted by Dr. Singh in pursuance of the order dated 18 October 2024.
"The National Medical Commission has fairly stated before this Court that bearing in mind that the appellant is a bright student having secured 601 marks out of maximum of 720, he may be permitted to participate in the ongoing counseling process subject to the clarification that the direction of this Court should not be treated as a precedent concluding all issues of law which may arise in any other case," noted the Court and allowed the candidate to appear in NEET-UG 2024 counselling.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/order-421542024-25-10-2024-258263.pdf
