Existence of 40 per cent disability does not bar students from pursuing MBBS: SC

Public Lokpal
October 15, 2024

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Existence of 40 per cent disability does not bar students from pursuing MBBS: SC

New Delhi : The Supreme Court has ruled that the mere existence of a benchmark disability of 40 percent does not prevent a candidate from pursuing medical education unless an expert report indicates that the individual is incapacitated from undertaking an MBBS course.

A bench comprising Justices B.R. Gavai, Aravind Kumar, and K.V. Viswanathan provided detailed reasons for its order on September 18, which allowed a candidate to gain admission to the MBBS course after a medical board determined that he could pursue medical education without any impediment.

The bench stated, "Mere existence of benchmark disability will not disqualify a candidate from being eligible for the MBBS course." It emphasised that the capacity of a candidate suffering from a disability to pursue the MBBS course must be evaluated by the disability assessment board.

Furthermore, the court noted, "The disability board assessing the disability of the candidate must positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course." The court also mandated that the disability board should provide reasons if it concludes that the candidate is not eligible to pursue the course.

This ruling was pronounced in response to a plea from student Omkar, who challenged the Graduate Medical Education Regulation of 1997, which prohibits individuals with a disability of 40 percent or more from pursuing an MBBS degree.

PTI