Case Note & Summary
The appellant, Omkar Ramchandra Gond, a student from Latur, Maharashtra, with a speech and language disability (hypernasality with misarticulation due to repaired bilateral cleft palate) certified at 44%/45% permanent disability, applied for NEET (UG) 2024 under the OBC and PwD categories. He qualified the exam and participated in centralized counseling. However, the Disability Certification Centre at Sir JJ Group of Hospitals declared him ineligible for the MBBS course based on NMC guidelines (Appendix H-1 of the Graduate Medical Education Regulations, 1997, as amended on 13.05.2019), which disqualify candidates with 40% or more speech and language disability from medical courses. The appellant challenged this before the Bombay High Court, which did not grant interim relief. He then appealed to the Supreme Court. The Supreme Court, by interim order dated 02.09.2024, directed that a seat be kept vacant and constituted a Medical Board at Maulana Azad Medical College to assess whether the disability would impede his pursuit of MBBS. The Board opined that the disability would not come in the way. The Court framed the issue: whether mere quantification of disability at 44%/45% should disqualify the appellant from PwD quota admission. The Court analyzed the RPwD Act, 2016, emphasizing its principles of non-discrimination, reasonable accommodation, and inclusive education. It noted that Section 2(r) defines benchmark disability as not less than 40%, but this does not automatically bar medical education; functional capacity must be assessed. Section 3 prohibits discrimination unless proportionate to a legitimate aim. The Court held that the NMC's blanket disqualification based solely on disability percentage, without considering individual capability and reasonable accommodation, violates the RPwD Act. Accordingly, the appeal was allowed, and the appellant was directed to be admitted against the reserved seat.
Headnote
A) Constitutional Law - Directive Principles - Article 41 - Right to Education for Disabled - The State must make effective provision for securing the right to education for persons with disabilities within its economic capacity (Para 16). B) Disability Law - Benchmark Disability - Section 2(r) RPwD Act, 2016 - Definition of person with benchmark disability requires not less than 40% of a specified disability, but this does not automatically disqualify from medical education; functional assessment is necessary (Paras 17-18). C) Disability Law - Non-Discrimination - Section 3 RPwD Act, 2016 - No person with disability shall be discriminated against unless the impugned act is a proportionate means of achieving a legitimate aim; blanket disqualification based on percentage alone violates this principle (Para 18). D) Medical Education - Eligibility Criteria - NMC Guidelines Appendix H-1 - Clause 1(D) disqualifying persons with 40% or more speech and language disability from medical course is ultra vires the RPwD Act to the extent it does not consider reasonable accommodation and individual capacity (Paras 7, 15). E) Disability Law - Reasonable Accommodation - Section 2(y) RPwD Act, 2016 - Necessary modifications and adjustments must be made to ensure persons with disabilities enjoy rights equally; medical colleges must assess whether disability actually impedes course completion (Para 18).
Issue of Consideration
Whether a candidate with speech and language disability of 44%/45% can be disqualified from MBBS admission under the PwD category solely on the basis of disability percentage, without assessing functional capability to pursue the course.
Final Decision
Appeal allowed. The appellant is directed to be admitted against the seat kept vacant as per the interim order. The NMC notification disqualifying persons with 40% or more speech and language disability from medical course is held invalid to the extent it does not consider functional assessment and reasonable accommodation.
Law Points
- Rights of Persons with Disabilities Act
- 2016
- Section 2(r)
- Section 3
- Section 32
- Article 41 of the Constitution
- reasonable accommodation
- non-discrimination
- benchmark disability
- inclusive education
