Benchmark disability alone not a barrier to MBBS admission: Supreme Court
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The Supreme Court ruled on Tuesday, October 15, that having a benchmark disability does not automatically disqualify a candidate from pursuing medical education.
Instead, a disability assessment board must evaluate whether the specific disability impairs the individual's ability to complete an MBBS course.
This decision emphasizes that mere quantification of a disability does not suffice to bar a candidate, reported LiveLaw.
The ruling, delivered by a bench comprising Justices B.R. Gavai, Aravind Kumar, and K.V. Viswanathan, stated that the disability board must assess the individual’s condition and clearly state whether their disability would prevent them from successfully pursuing medical studies. If the board determines a candidate is ineligible, it must provide detailed reasons for this conclusion.
Furthermore, the Court ruled that any negative opinion from the assessment board could be challenged through judicial review, as appellate bodies have yet to be established. In such cases, courts are advised to refer the candidate to a leading medical institute for an independent assessment. The final decision on the candidate’s eligibility would depend on the medical institution's findings.
This judgment was delivered in response to a petition filed by a candidate with a 40-45% speech and language disability, who sought admission to an MBBS course. A court-appointed medical board had previously determined that the candidate was capable of pursuing the program.
