Case Note & Summary
The petitioner, an 18-year-old student suffering from multiple disabilities, approached the High Court seeking a declaration of eligibility to pursue an MBBS course. He had appeared for the NEET UG 2024 but was disqualified due to a speech disability exceeding 40%, as per the Medical Council of India's guidelines. After filing a representation to the National Medical Commission (NMC) regarding the arbitrary nature of the disability benchmark, the petitioner was examined by a three-member committee which confirmed his ineligibility. However, following a Supreme Court directive, he was assessed by the NEET Disability Certification Medical Board (DCMB) at AIIMS, Nagpur, which found him eligible for medical education but not for PwD reservation. The petitioner sought restoration of his admission at Government Medical College, Jalna, which had been cancelled based on the DCMB's findings. The court analyzed the legal framework surrounding disability assessments and the implications of the RPwD Act, emphasizing the need for a functional competency assessment rather than mere quantification of disability. The court ultimately ruled in favor of the petitioner, directing the restoration of his admission by creating a supernumerary seat, thereby reinforcing the principle of inclusive education.
Headnote
A) Disability Law - Eligibility for Medical Education - Assessment of Functional Competency - Rights of Persons with Disabilities Act, 2016, Section 2(m) - The court held that the mere existence of a benchmark disability of 40% or above does not disqualify a candidate from pursuing medical education if their functional competency is assessed positively. The Disability Assessment Boards must evaluate whether the disability will impede the candidate's ability to pursue the course (Paras 9-12).
Issue of Consideration
Whether the petitioner is eligible to pursue the MBBS course and claim PwD reservation despite having a disability exceeding 40%.
Final Decision
The court directed the restoration of the petitioner's admission to the first MBBS course at Government Medical College, Jalna, by creating a supernumerary seat, emphasizing the importance of functional competency over mere disability quantification.
Law Points
- Disability rights
- Medical education eligibility
- PwD reservation
- Functional competency assessment
- Rights of Persons with Disabilities Act
- 2016
