MBBS : Supreme Court Asks Medical Board To Examine If Candidate With Speech Disability Can Complete Medical Education Course
The Supreme Court on Monday (September 2) directed the constitution of a medical board by the Dean, Byramjee Jeejeebhoy Government Medical College, Pune to examine whether a student suffering from speech and language disability beyond 40% would be eligible for admission to MBBS Course.
The bench of Justices BR Gavai and KV Vishwanathan 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. The High Court has adjourned the matter for three weeks.
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.
The bench took note of a similar case where the Supreme Court has directed the medical examination of a petitioner suffering from 55% speech and language impairment. It therefore directed Dean, Byramjee Jeejeebhoy Government Medical College, Pune to constitute a medical board to examine whether the present petitioner's disability would become an obstacle in his completion of education.
"We, therefore, direct the Dean, Byramjee Jeejeebhoy Government Medical College, Pune (for short “BJGMC”) to constitute a Medical Board consisting of one or more specialists, having domain expertise pertaining to the impairment faced by the petitioner. The Medical Board shall specifically examine as to whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course."
Notably the Regulations of 1997 state the requirement of speech and language disability to be below 40% in order to be eligible for MBBS admissions. The Court further clarified that the medical board so constituted should not be affected by the above Regulatory requirement. The examination is directed to be conducted on September 5.
The Court also granted interim relief by directing that petitioner's seat to be kept vacant until further orders.
"Until further order(s), the seat which is allotted to the petitioner shall be kept vacant."
The petitioner was selected for admission to MBBS course from “Persons with Disability” category through NEET and allotted government medical college Latur. The last date to report and pay fees in the medical college was September 5, 2024.
After the examination by the Disability Certification Board, Sir JJ Group of Hospitals, Mumbai , it was certified that he was not eligible to Medical and Dental courses and to avail 5% PwD reservation as per the MMC/MCI Gazette notification vide certificate dated 1 August 16, 2024.
The matter will now be heard on September 9.
Advocate 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 v. Union of India & Ors SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39448/2024