MBBS Admissions For Persons With Mental Health Conditions: Supreme Court Asks NMC's Expert Committee To Review Its Opinion
Debby Jain
28 Aug 2024 12:48 PM GMT
In an MBBS-aspirant's plea challenging denial of reservation under the quota for Persons With Disabilities (PwD) on account of a mental health condition, the Supreme Court recently directed an Expert Committee constituted by the National Medical Council to review its recommendations in light of the Centre's notification of March 2024 prescribing certain guidelines for assessment of specified disabilities.
A bench of Justices PS Narasimha and Pankaj Mithal passed the order, calling for an affidavit from the National Medical Council (NMC) within 8 weeks.
The Court was dealing with the plea of an MBBS aspirant diagnosed with a mental health condition exceeding 40 per cent on the Indian Disability Evaluation Assessment Scale (IDEAS), who was not only deprived of reservation under the persons with disabilities (PwD) quota, but also denied admission in a medical science course on the strength of the opinion of a disability certification board.
Briefly put, the petitioner's grievance pertains to assessment of disability in the case of persons having certain intellectual disabilities, including Specific Learning Disability (SLD) and Autism Spectrum Disorders (ASD). In his petition, he has raised concerns about equitable access to medical education for all aspiring students, regardless of the nature of their disabilities.
In previous hearings, Advocate Gaurav Kumar Bansal (appearing for the petitioner) pointed out that several countries not only allow individuals with mental health disorders to pursue medical education but also provide them with the benefit of affirmative action.
In May, 2023, the Supreme Court directed the NMC to assemble a panel of experts to explore new approaches to assess disability in students with mental illnesses, special learning disorders, and autism spectrum disorders for MBBS admission quotas.
Pursuant to this order, an Expert Committee was constituted by NMC and certain guidelines regarding admission of students with specified disabilities under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS courses laid down.
In September, NMC informed the Court that individuals diagnosed with 'mental illnesses' were going to be eligible for undergraduate medical education without any bar. As per the report placed on record in that context, mental illness diagnoses were to no longer prevent candidates from pursuing medical education, provided they achieved a competitive ranking in the NEET-UG entrance examination.
Thereafter, on 12 March this year, Ministry of Social Justice and Empowerment issued a notification that prescribes comprehensive guidelines for the assessment of specified disabilities including mental disability.
On its attention being drawn to the same, the Supreme Court has now directed that NMC's Expert Committee review its opinion. An affidavit to that effect shall be filed by NMC within 8 weeks.
Appearance: Adv Gaurav Kumar Bansal (for petitioner); Senior Adv Gaurav Sharma (for National Medical Commission); ASG Aishwarya Bhati (for Union)
Case Title: Vishal Gupta v. Union of India & Ors. | Writ Petition (Civil) No. 1093 of 2022
