SC directs NMC Expert Committee to Review opinion on MBBS Admissions to aspirants with Mental Health Conditions
New Delhi: While considering an MBBS aspirant's plea challenging the decision to deny him reservation under quota for Persons With Disabilities (PwD) on account of a mental health condition, the Supreme Court recently directed the National Medical Commission's Expert Committee to review its recommendations after taking into consideration the notification by the Central Government issued in March 2024 prescribing certain guidelines for assessment of specified disabilities.
The Apex Court bench comprising Justices PS Narasimha and Pankaj Mithal has asked the NMC to file an affidavit in this regard within 8 weeks. "...we are of the opinion that it is necessary for the Expert Committee to review their opinion on the basis of the notification dated 12.03.2024. An affidavit to this effect shall be filed by the National Medical Commission within a period of eight weeks." it ordered.
"List the matter after eight weeks as a miscellaneous matter," the Court mentioned in its order dated 23.08.2024.
As per the latest media report by Live Law, the plea before the Supreme Court was filed by an MBBS aspirant, who was diagnosed with a mental health condition exceeding 40 percent on the Indian Disability Evaluation Assessment Scale (IDEAS). However, he was deprived of reservation under the PwD quota and he was also denied admission in a medical science course based on the opinion of a disability certification board.
The petitioner's grievance was regarding the assessment of disability in the case of persons having certain intellectual disabilities, including Specific Learning Disability (SLD) and Autism Spectrum Disorders (ASD).
Filing the plea, the petitioner raised concerns regarding equitable access to medical education for all aspiring students, regardless of their disabilities. Previously, during the hearing of the case, Advocate Gaurav Kumar Bansal, the counsel for the petitioner had pointed out how several countries not only allow individuals with mental health disorders to pursue medical education but also provide them with the benefit of affirmative action.
"We have taken note of the fact that the Expert Committee constituted by the National Medical Commission gave a report on 14.07.2023. It is also brought to our notice that the Ministry of Social Justice and Empowerment’s notification dated 04.01.2018 has been superseded by a subsequent notification dated 12.03.2024. We are also informed by the learned Additional Solicitor General that the notification dated 12.03.2024 is comprehensive in nature and also prescribes the guidelines for assessment of specified disabilities including the mental disability. In these circumstances, we are of the opinion that it is necessary for the Expert Committee to review their opinion on the basis of the notification dated 12.03.2024. An affidavit to this effect shall be filed by the National Medical Commission within a period of eight weeks," the Court ordered on 23.08.2024.
Medical Dialogues had earlier reported that while considering this case, the Supreme Court back in May 2023 had directed the NMC to set up a panel of domain experts to examine a plea for evolving modes of disability assessment of students having mental illnesses, special learning disorder (SLD), and autism spectrum disorder (ASD) for granting quota in admission to MBBS course.
Following this, NMC set up an Expert Committee and laid down certain guidelines regarding admission of students with specified disabilities under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Courses.
Consequently, in September, NMC informed the Apex Court that the individuals diagnosed with 'mental illnesses' were going to be eligible for undergraduate medical education without any bar.
As per the report placed on record in that context, mental illness diagnoses were to no longer prevent candidates from pursuing medical education, provided they achieved a competitive ranking in the NEET-UG entrance test.
Following this, on March 12, 2024, the Ministry of Social Justice and Empowerment issued a notification that prescribes comprehensive guidelines for the assessment of specified disabilities including mental disability.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-nmc-250114.pdf
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