Supreme Court Allows Medical Student With 70% Hearing Impairment To Appear For PG Admission Counselling

The Supreme Court today (December 6) issued a notice returnable 4 weeks in a petition filed by a medical student with a benchmark disability, having a 70% hearing impairment, challenging the disability clause under the Post-Graduate Medical Education Regulations, 2023 whereby a person with a hearing disability of 40 % or more shall be ineligible for admission to Post-Graduate (PG) Medical Courses.

The petitioner has challenged the disability clause on grounds of being discriminatory and arbitrary in violation of Articles 14, 19(1)(g), and 21 of the Indian Constitution and Sections 3, 32, 33, 34 of the Rights of Persons with Disabilities Act, 2016 (RPwD Act).

As per the facts, the petitioner appeared in NEET (UG), 2018, for admission to the MBBS Course. She was issued a provisional allotment letter (Round 1).

Although the NEET (UG)-2018 Information Bulletin, published by CSBE, clearly provided for 5% of the annual sanctioned intake to be reserved for persons with benchmark disabilities (more than 40% disability) in terms of Section 32 of the RPwD, the petitioner was denied admission altogether. 

The petitioner stated that she was denied admission citing a report dated June 5, 2018, based on the recommendation of the Expert Committee set up by the Medical Council of India.

The committee had recommended the incorporation of an ineligibility clause in the UG Medical Education Regulations, 2018, barring the admission of persons with an auditory disability greater than the set benchmark of 40% to undergraduate medical education. 

Pursuant to an order passed by the Supreme Court in Ashutosh Purswani v. UOI & Ors(2018), the petitioner was held entitled to admission to MBBS by a division bench of the Delhi High Court.

After completion of her MBBS, the petitioner intends to pursue a PG Degree in medical education. However, Regulation 4.8 of the 2023 Regulations issued by the National Medical Commission provides persons with a hearing disability of 40 % or more shall be ineligible for admission to PG Medical Courses unless the hearing loss is reduced to less than 40% with the help of assistive devices. 

Advocate Prashant Bhushan (for the petitioner) briefly submitted that so many posts are reserved for persons with disability in the medical field. Still, the present petitioner can only be eligible for the reservation if she is allowed to pursue M.D. He also pressed for an interim relief.

A bench of Justices Vikram Nath and P.B. Varale, as a matter of interim relief, allowed her to participate in the ongoing counselling process. However, no equity was created in her favour stated the Court in its order.

Case Details: TINA SHARMA Vs UNION OF INDIA.,W.P.(C) No. 735/2024

Appearance: Advocate Prashant Bhushan (for the petitioner)

Click Here To Read/Download Order