Supreme Court Seeks Expert's View On MBBS Admission For Candidate With 88% Muscular Dystrophy
The Supreme Court today (Friday) while hearing a plea by a medical candidate suffering from muscular dystrophy observed that there are no specific guidelines to assess disability with assistive devices as per the GOI gazette (March 2024) on assessing specified disabilities.
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing by a candidate facing 88% muscular dystrophy and was disqualified from pursuing MBBS on the ground that the NMC Guidelines require bringing down the disability to less than 80% for those with petitioner's condition to pursue MBBS.
Notably, in Muscular Dystrophy, the individual's body muscles are progressively weakened and face a breakdown, making it difficult to carryout normal physical activities.
Since the petitioner's disability could not be brought down to less than 80%, the Bombay High Court had refused to grant any relief.
Earlier on October 3, the Supreme Court had ordered a reassessment of the petitioner by a committee of experts at AIIMS Delhi.
Today, the Court after examining the expert report noted that there existed no definite guidelines to assess the disability with assistive devices as per the Govt. of India gazette guideline which notifes the guidelines for assessing the extent of 'specified disabilities'.
"The Committee noted that there are no clear guidelines available to assess disability with assistive devices in terms of the guidelines issued by the Government of India"
It was further recorded that there was not any independent evaluation on:
"(i) the extent of the functional disability of the petitioner; and
(ii) the extent to which the use of assistive devices would have the potential to bring the extent of functional disability within permissible limits in terms of the government notification."
Making reference to the recent decision in Omkar Ramchandra Gond vs Union of India and Others, the Court noted the expertise of Dr Satendra Singh, the founder of an organisation by the name of Infinite Ability. Singh runs the organisation having doctors who personally face disabilities.
Notably, in Omkar Gond, the bench of Justices BR Gavai, Aravind Kumar KV Viswanathan held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that candidate is incapacitated from studying the MBBS course.
The judgment also referred to some "illustrious sons and daughters of India" who have braved adversities and achieved great achievements overcoming disabilities. Bharatanatyam dancer Sudha Chandran, Arunima Singh who climbed Mount Everest, prominent sports personality Boniface Prabhu, Dr.Satendra Singh founder of "Infinite Ability" were mentioned as some of the shining examples of illustrious individuals from India.
Thus, the bench requested Dr Singh in assisting the court in examining "notwithstanding the quantified disability, the petitioner can pursue the MBBS degree course."
"In arriving at this evaluation Dr Satendra Singh is requested to examine the petitioner and to have due regard to such assistive devises and their potential to assist the petitioner to fulfill the requirements of the degree course in medicine." The bench further directed.
The report is to be submitted on October 21.
Shadan Farasat, Sr. Adv and Talha Abdul Rahman, AOR appeared for the petitioner.
Case Details : OM RATHOD Versus THE DIRECTOR GENERAL OF HEALTH SERVICES AND ORS.SLP(C) No. 21942/2024