MBBS : Supreme Court Allows Candidate With Speech & Language Disability To Pursue Medical Education
The Supreme Court on Wednesday (September 18) allowed a candidate with nearly 45% speech and language disability to be admitted to the MBBS course after a medical board constituted by the Court opined that he could pursue medical education.The Court directed that the candidate be admitted to the seat, which was earlier directed to be kept vacant.A bench comprising Justices BR Gavai, Aravind...
The Supreme Court on Wednesday (September 18) allowed a candidate with nearly 45% speech and language disability to be admitted to the MBBS course after a medical board constituted by the Court opined that he could pursue medical education.
The Court directed that the candidate be admitted to the seat, which was earlier directed to be kept vacant.
A bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan was hearing a challenge against the order of the Bombay High Court which denied interim relief against the cancellation of the admission to the MBBS Course.
Before the High Court, the petitioner challenged the 'Graduate Medical Education Regulation, 1997' framed by the Medical Council of India holding that persons with equal to or more than 40% disability would not be eligible to pursue MBBS course. He contended that the regulations were contrary to Section 32 of the Right of Persons with Disabilities Act, 2016 and sought a declaration that such regulations were ultra-vires Articles 14, 15, 19(1)(g), 21 and 29(2) of the Constitution of India.
The petitioner before the bench submitted that his admission seat had been cancelled as he suffered from speech and language impairment of 44-45%. He submitted that he did not suffer from any 'functional infirmities or disqualifications' which would have caused hindrances in completing his education. The petitioner stated that the results of the Centralized Admission Process (CAP) Round 1 would be declared on August 30, while the High Court has inconsiderably adjourned the matter to September 19.
On September 2, the Court had directed the Dean, Byramjee Jeejeebhoy Government Medical College, Pune to constitute a Medical Board consisting of one or more specialists to examine whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course. Following the positive report given by the Court regarding the candidate's capability to undergo medical education, the Court allowed him admission.
During the hearing, the Court orally stressed the need for a more flexible and sensitive approach towards allowing medical education for persons with disabilities. The Court will release a separate judgment with detailed reasons.
Advocates S B Talekar, Pradnya Talekar along with Pulkit Agarwal (AoR) appeared for the petitioner before the Supreme Court whereas Advocate Gaurav Sharma appeared for the National Medical Commission.
Case Details: Omkar Ramchandra Gond v. Union of India & Ors SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39448/2024
Citation : 2024 LiveLaw (SC) 770
Click here to read the detailed judgment (uploaded on October 15)