SC comes to rescue of MBBS aspirant with Speech and language benchmark disability, allows admission
New Delhi: Providing relief to an MBBS aspirant who had been denied admission due to her language and speech impairment, the Supreme Court has allowed her to commence her medical studies.
The top court bench of CJI Chandrachud, Justices P. S. Narasimha and J.B. Pardiwala took this decision after they perused the medical report submitted by the Medical Board at PGI, Chandigarh.
Noting that the Medical Board had opined that the petitioner could pursue the MBBS course, the top court bench ordered on April 17, "The petitioner will commence her course of studies for the first year of the MBBS Degree Course. The admission of the petitioner shall be under the quota earmarked for persons with disabilities under the Rights of Persons with Disabilities Act 2016. The petitioner suffers from a benchmark disability."
The concerned student had been denied her MBBS seat at Kalpana Chawla Government Medical College, Karnal, Haryana on the basis of a disability certificate issued on 14.03.2022 that declared her to be a person with benchmark disability.
Although re-verification had been conducted, the disability status of the petitioner remained the same. Following this, she approached Punjab and Haryana High Court and prayed for relief. She also made representations before concerned authorities. In fact the HC bench had also directed the authorities for considering her case. Despite all these efforts, the authorities only re-affirmed her ineligibility status.
Thereafter, approaching the Supreme Court, the candidate sought relief and challenged the 2019 Amendment to Graduate Medical Education Regulations 1997 barring the candidates with speech and language benchmark disability (quantified at 40% or above) from availing reservation and get admitted to MBBS courses, the Supreme Court had issued notice to the National Medical Commission (NMC).
Medical Dialogues had earlier reported that the petitioner was diagnosed with a permanent disability of 'Cleft Lip Palate Repair', a speech and language disability, quantified at 55%. The plea submits that while 50% of the time people can understand what the petitioner is saying, 50% of the time they might not be able to do it. However, it can be cured with the use of computer software.
Right to Person with Disabilities Act, 2016 came into force on 19.04.2017 and thereafter experts submitted a report to the erstwhile Medical Council of India (now NMC) regarding the formulation of guidelines for admission of person with specified disabilities. While the report opined that persons with 40% or above speech and language disability are ineligible for MBBS admission, the 2019 amendment to the Regulations on Graduate Medical Education, 1997 confirmed that rule.
Approaching the Supreme Court bench, the counsel for the petitioner also referred to the fact that the petitioner was denied her right for pursuing MBBS course only because her disability is quantified at more than 40%. The petitioner's counsel also pointed out that the petitioner does not suffer from any intellectual or physical disability.
Earlier, the counsel for the National Medical Commission had suggested the top court bench that while it was not coming in the way of girl’s education in MBBS course, it would be appropriate if she is examined by a medical board to ascertain, whether she will be able to cope up with the course.
Previously, issuing an interim order in this regard, the top court bench had directed a medical board of PGIMER Chandigarh to examine her. With an observation that ''Who knows, someday she may become an excellent doctor,'' the top court bench had directed that the medical board be constituted by the director of PGIMER Chandigarh, including a specialist on language and speech impairment to examine the girl, who is from Haryana.
"The Medical Board, upon examining the petitioner, may submit a report on whether the petitioner would be in a position to pursue the course of studies for the MBBS Degree programme," the bench had mentioned in the order.
Following this, the Medical Board examined the candidate and submitted a report before the top court bench. Taking note of the report, the Supreme Court mentioned in its order dated April 17, 2023, "The report which has been submitted by the Medical Board indicates that the petitioner is in a position to pursue the MBBS Degree course. Before arriving at this conclusion, the Medical Board has carried out a thorough assessment of the medical condition of the petitioner."
At this outset, relying on the report, the bench provided relief to the candidate and allowed her to get admitted to Kalpana Chawla Medical College.
"In the above backdrop, in exercise of the jurisdiction of this Court under Article 142 of the Constitution of India, we direct that the petitioner shall be admitted to the Kalpana Chawla Medical College for which she was initially granted admission for academic year 2023-2024 in the session which shall commence from August 2023. The petitioner will commence her course of studies for the first year of the MBBS Degree Course. The admission of the petitioner shall be under the quota earmarked for persons with disabilities under the Rights of Persons with Disabilities Act 2016," it ordered.
Disposing of the petition, the bench clarified,
"Since the dispute has been resolved without the Court being required to enquire into the issues of law involved, we clarify that all issues of law are kept open to be adjudicated upon in an appropriate case."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-benchmark-disability-208189.pdf
