New Delhi. Today, during the hearing of a case, the Supreme Court while giving a very important decision said that setting the benchmark of 40 percent disability in medical entrance does not make any deserving student ineligible for admission. The Supreme Court gave this order on the petition of a medical student Omkar. Omkar was barred from admission to MBBS course due to having more than 40 per cent disability. At present, according to the existing rules of the National Medical Council, if a candidate is more than 40 percent disabled then he cannot get admission in the MBBA course. Omkar had approached the Supreme Court challenging this rule of the National Medical Council. The Supreme Court recommended the Disability Assessment Board to examine the ability of a candidate suffering from disability to do the MBBS course.
#BREAKINGMere Existence Of Benchmark Disability Won’t Disqualify Candidate From MBBS Course: Supreme Court#MBBS #SupremeCourt https://t.co/p9oqJ3IJ0F
— Live Law (@LiveLawIndia) October 15, 2024
Supreme Court Justice B. R. Gavai, Justice K. A bench of V. Vishwanathan and Justice Arvind Kumar said in its order that any disabled student can be barred from admission in medical studies only if the Disability Assessment Board comes to the conclusion that due to his disability, he is The student cannot complete his medical studies.
Justice K. V. Viswanathan said, merely because the limit of disability for speech and language is fixed at 40 per cent or more, a candidate does not lose his right to claim for admission. Such an interpretation would make graduate medical education regulation overly broad in order to treat unequals equally. The Supreme Court bench said that the approach of government institutions and private institutions should be how they can provide the best opportunities to the disabled candidates. Their approach should not at all be how to disqualify them.
