Supreme Court Rules Disability Percentage Alone Cannot Bar Medical Admission Under PwD Quota

In landmark judgment, SC directs Disability Assessment Boards to evaluate individual capability beyond quantified disability for MBBS admissions, reinforcing rights under RPwD Act, 2016

In a significant ruling on October 15, 2024, the Supreme Court of India in the case of Omkar Ramchandra Gond v. Union of India & Ors. (Civil Appeal No. 10611 of 2024) held that the mere quantification of disability at or above 40% cannot automatically disqualify a candidate with speech and language disability from seeking admission to medical courses under the Persons with Disabilities (PwD) reservation quota.

The petitioner, Omkar Ramchandra Gond, who has a speech and language disability quantified at around 44-45%, successfully cleared the National Eligibility Cum Entrance Test (NEET) for admission to the MBBS course. However, he was denied admission based on the National Medical Commission’s (NMC) guidelines, which categorically barred persons with speech and language disabilities having 40% or more disability from pursuing medical courses.

The Supreme Court scrutinized the regulation issued by the Medical Council of India (now NMC) through the Graduate Medical Education Regulations dated 13.05.2019 and its Appendix H-1, which effectively imposed a blanket bar on candidates like the appellant based solely on disability percentage. The Court found this approach discriminatory and violative of Article 14 of the Constitution, which guarantees equality before the law and prohibits arbitrary classification.

Emphasizing the spirit of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) enacted to implement the United Nations Convention on the Rights of Persons with Disabilities, the Court underscored the principles of non-discrimination, reasonable accommodation, and inclusive education. The judgment highlighted that “reasonable accommodation” is not limited to assistive devices but extends to modifications and adjustments that enable full and effective participation of persons with disabilities.

The Court directed that Disability Assessment Boards must not act as mere mechanistic bodies that disqualify candidates based on quantified benchmarks alone. Instead, they should form a considered opinion on whether the disability would actually prevent the candidate from pursuing and completing the medical course successfully. Where the Boards conclude that the disability does not impede the candidate’s ability, the candidate must be considered eligible for admission under the PwD quota.

The Court also noted the positive steps taken by the Union of India through the Ministry of Social Justice and Empowerment, which issued a communication to the National Medical Commission in January 2024, urging a review of existing regulations and the adoption of functional and individual-centric disability assessments aligned with technological advancements and assistive devices.

In the present case, after a detailed medical examination by a specialized Medical Board constituted by the Court, it was found that the appellant’s speech and language disability would not come in the way of pursuing MBBS. Consequently, the Supreme Court allowed the appeal and directed that the appellant be admitted to the medical course.

Further, the Court mandated the following key directions:

- Disability Assessment Boards must state reasons if they find a candidate ineligible, considering individual capabilities beyond mere percentage.

- Pending revised regulations by the NMC, Boards should follow the principles laid down in this judgment and the Ministry’s communication.

- Decisions of the Boards giving negative opinions can be challenged through judicial review, where courts may refer the candidate to premier medical institutes for independent assessment.

- NMC and medical colleges must adopt an inclusive approach, focusing on accommodation rather than disqualification.

The judgment also recalled notable persons with disabilities who have excelled in various fields, reinforcing the ethos that disability should not be a barrier to realizing one’s potential.

This ruling is expected to significantly impact the admission process for persons with disabilities in higher education, ensuring a more equitable and individualized assessment consistent with constitutional guarantees and statutory mandates.

Statutory provisions

Rights of Persons with Disabilities Act, 2016 Section 2(m), 2(r), 2(y), 3, 15, 32; Constitution of India Article 14, Article 21; Directive Principles of State Policy Article 41; Graduate Medical Education Regulations, 2019 (Appendix H-1).

Omkar Ramchandra Gond v. Union of India (SC) : Law Finder Doc Id # 2655351