Supreme Court - Benchmark disability no ground to render a candidate ineligible to pursue MBBS

Court: Supreme Court of India
Bench:  Justice Aravind Kumar, Justice B.R. Gavai & Justice K.V. Viswanathan 
Case Title: Omkar Ramchandra Gond Vs. The Union of India & Ors.
Case No.:  Civil Appeal No. 10611 of 2024
Date of Judgement: 15 October 2024
Neutral Citation: 2024 INSC 775

Cases Referred:

• Sunanda Bhandare Foundation v. Union of India, (2014) 14 SCC 383
• Ravinder Kumar Dhariwal & Anr. vs. Union of India and Others, (2023) 2 SCC 209
• Lieutenant Colonel Nitisha & Ors. vs. Union of India & Ors.,
• Jeeja Ghosh & Anr. v. Union of India & Ors., (2016) 7 SCC 761
• Avni Prakash v. National Testing Agency, (NTA) and others (2023) 2 SCC 286

Synopsis: 

In a significant ruling, the Supreme Court addressed the eligibility of a candidate with a benchmark disability for admission to the MBBS program under the Persons with Disabilities (PwD) reservation. The case revolved around the appellant, who qualified NEET (UG) 2024 and sought admission under the PwD and OBC categories. The Disability Certification Centre initially deemed the appellant ineligible, citing that his speech and language disability (44-45%) would hinder his ability to pursue the course under National Medical Commission (NMC) norms.

When the Bombay High Court declined interim relief, the appellant approached the Supreme Court. The apex court issued an interim order directing that the appellant’s seat be reserved and constituted a specialized Medical Board to evaluate whether the appellant’s disability genuinely impeded his ability to pursue medical education. Following a favorable report, the Court upheld the appellant's admission.

Key directives of the judgment included:

1. Disability as a Criterion: Quantified disability alone cannot disqualify a candidate. Eligibility depends on the Disability Assessment Board's opinion on whether the disability prevents course completion.
2. Reasoned Decisions: Boards must explicitly state if and why a disability would impede the candidate’s ability to pursue the course.
3. Judicial Review: Negative opinions by Disability Boards can be challenged in courts, which may refer the case to premier medical institutes for independent review.
4. Policy Reforms: Pending reforms by the NMC, the Boards must consider guidelines from the Ministry of Social Justice and Empowerment.

This landmark decision emphasizes a nuanced, case-by-case assessment of disabilities in educational settings, reinforcing the principles of inclusion and equal opportunity for persons with disabilities.

Read the Judgement