Supreme Court relief to disabled MBBS aspirant, supernumerary seat to be created
Supreme Court of India
New Delhi: Granting relief to a medical aspirant with multiple disabilities, including loss of two fingers in both hands and speech disabilities, the Supreme Court has allowed him to be admitted to Government Medical College, Sirohi, Rajasthan by creating a supernumerary seat.
The Apex Court bench issued this order after summoning the Director General of Health Services (DGHS) as the authorities failed to appear before the top court bench.
In its order, the Supreme Court bench also strongly advocated reasonable accommodation for persons with disabilities, emphasizing the need to give the petitioner a seat in the college closer to his residence.
The case concerns a 20-year-old medical aspirant from Other Backward Class, having a locomotor benchmark disability coupled with speech disability since his birth.
Despite clearing the National Eligibility-Entrance Test Undergraduate (NEET-UG) Examination in the academic sessions 2023-2024 and 2024-2025, the petitioner had been declared ineligible by the Disability Assessment Boards.
Last year, he had challenged the decision of the Disability Assessment Board (DAB) rendering him ineligible to pursue medical education before the Rajasthan High Court. However, the High Court relied on the DAB's report and dismissed the petitioner, rendering him ineligible to pursue medical education.
Again, the petitioner cleared NEET UG in 2024. However, he was declared ineligible by the Disability Assessment Board in Chandigarh. The assessment was challenged before the Punjab and Haryana High Court, which, on September 23, 2024, dismissed his petition in limine, again upholding the Board's assessment.
Consequently, the petitioner approached the Supreme Court bench, filing an SLP, and he was represented by iProbono India's panel lawyers Atif Inam and Rishit Vimadalal.
Live Law has reported that the petitioner appeared in the NEET-UG exam on May 5 as an OBC candidate, eligible for 5% horizontal reservation on account of being a person with disability. Consequently, the results were declared on August 26, the petitioner secured 205 marks out of 720 maximum marks, above the cut-off marks of 143-127 for the OBC-PwD category students.
When the petitioner sought his disability certificate, his locomotor disability was quantified at 50%, which was within the prescribed range of 40-80%. Therefore, he was eligible for reservation under the 'physical disability quota' for medical education. However, he was declared ineligible to pursue medical education in his disability certificate, on account of his quantified disability and without offering any reasons.
Consequently, the petitioner challenged the decision before the Supreme Court bench, which issued notice on November 25, directing AIIMS Delhi to set up an expert committee to assess whether the petitioner's disability would come in the way of his pursuing medical studies.
"In the meantime, we direct Director, All India Institute of Medical Sciences (AIIMS), New Delhi to constitute a Committee to examine as to whether the disability suffered by the petitioner would come in the way of his pursuing medical studies. We request the Director, AIIMS, New Delhi to co-opt Professor Dr. Satendra Singh as a member of the Committee," the bench had ordered.
iProbono INDIA mentioned in a Press Release that while the AIIMS Committee's report found the petitioner ineligible under the National Medical Commission (NMC) guidelines—which mandate intact and functional hands for medical studies—they also stated that the current guidelines need revision. Dr. Singh, a part of the expert committee, issued a dissenting report establishing that the petitioner could successfully navigate the MBBS course and practice as a doctor. His report emphasised on clinical accommodations and assistive technologies as per the Rights of Persons with Disabilities Act, 2016 and international best practices.
"Relying on Dr. Singh's report, the Supreme Court directed the Medical Counselling Committee (MCC) to consider the petitioner’s admission under the OBC/PWD category based on merit. However, non-compliance and the absence of MCC representatives during subsequent hearings compelled the Court to summon the Director General of the Directorate General of Health Services (DGHS)," the release by iProbono mentioned.
Medical Dialogues had earlier reported that the Supreme Court bench recently summoned the director general of the Centre's Directorate General of Health Services while highlighting the 'casual approach' over the grant of admission to an MBBS aspirant from the disability category.
In its order dated December 2, the Court had passed an interim order directing the admission of the petitioner against the OBC-PwD category in accordance with his own merits. However, considering its non-compliance, the Coiurt was compelled to summon the government officer.
When the Additional Solicitor General Vikram Banerjee appeared for the Union, the Court expressed its displeasure at the lack of appearance yesterday, noting that often in many cases, the Counsels for the Union Government do not appear.
Thereafter, the Court requested to peruse the list of colleges suggested by Banerjee where the petitioner could be reasonably accommodated. Based on the ranking, it was found suitable that the petitioner could be admitted to Medical College in Sirohi.
