The Supreme Court on Friday ruled that the National Medical Commission (NMC) guidelines on eligibility to pursue the MBBS course, specifically the requirement to have ‘both hands intact,’ needed revision.
Noting that the rule requiring ‘both hands intact’ made a mockery of the principle of reasonable accommodation for persons with disabilities, the Bench of Justice BR Gavai and Justice KV Viswanathan said it was completely antithetical to Article 41 of the Constitution; the principles enshrined in the United Nations Convention on the Rights of Persons with Disabilities and the salutary provisions of the RPwD Act.
The rule also indicated a classification, which was overbroad and glorified ‘ableism’. It rule propagated that persons with typical abilities and with faculties similar to what the majority may have or somehow superior, noted the top court of the country.
Such guidelines were against the principles of the Rights of People with Disabilities Act and Article 41 of the Constitution, which imposed a duty upon the State to make an effective provision for securing the right to work and education for persons with disabilities, it added.
The Bench made these observations on a petition filed by a student who qualified the National Eligibility-cum-Entrance Test (NEET) 2024 but was denied admission as he did not fulfill the eligibility criteria under the NMC guidelines.
The appellant has locomotor disability of 50 percent as well as speech and language disability of 20 percent. The final disability computed was 58 percent.
The student had approached the Government Medical College, Chandigarh for having his disability assessed. Without assigning any reason and without examining his functional disability, the Disability Assessment Board rendered the appellant ineligible to pursue the medical course.
The student challenged the decision before the Punjab and Haryana High Court, which said it could not substitute the opinion of experts. The appellant then moved the Supreme Court.
The top court of the country had earlier ordered the formation of a five-member board to re-assess the appellant’s disability.
Though the board opined that it was bound by the rule under the Graduate Medical Education Regulations (Amendment), 2019, requiring candidates to have both hands intact, one of the members (Dr Satendra Singh) gave a separate opinion that the appellant need not be barred at the threshold.
The Bench recorded in its order that Satendra Singh had adopted the correct approach, to not bar a candidate at the threshold but grant him the choice after completing the MBBS course, to decide whether he wished to specialise in a non-surgical or medical branch, or continue as a General Duty Medical Officer.
It would be unfair to presume incompetence at the threshold without first providing an opportunity to the candidate and ensuring the availability of accommodations and assistive products, added the Court.
Although the expert opinion could not be substituted, flexibility in answering individual needs and requirements would form an essential component of reasonable accommodation, the Bench pointed out.
It referred to its 2024 judgment in the case of Omkar Ramchandra Gond vs Union of India, wherein the Court sought revision of the NMC guidelines.
The Bench today ruled that the prescription of ‘both hands intact’ had no sanctity in law since it did not admit a functional assessment of the individual candidate, a fundamental matter in protecting the rights of persons with disabilities.
The Bench allowed the appeal and said that NMC had assured during a previous verdict that it would constitute a new committee of domain experts to review the eligibility guidelines. The committee should comprise persons with disabilities or experts conversant with disability rights.
The top court of the country listed the matter for March 3 to consider whether the NMC had formulated revised guidelines in accordance with its earlier judgments.
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