Mere existence of 40% disability does not bar student from pursuing MBBS course: Supreme Court

Supreme Court rules that 40% benchmark disability does not bar pursuing medical education without expert report of incapacity

The Supreme Court on Tuesday (October 15, 2024) said mere existence of a benchmark disability of 40% does not bar a person from pursuing medical education unless there is an expert report that the candidate was incapacitated from pursuing MBBS.

A Bench of Justices BR. .Gavai, Aravind Kumar and K.V. Viswanathan gave detailed reasons for its September 18 order where it allowed a candidate to take admission in MBBS course after the medical board opined that he can pursue medical education without any impediment.

The Bench said the capacity of a candidate suffering from disability to pursue the MBBS course has to be examined by the disability assessment board.

It said, “Mere existence of benchmark disability will not disqualify a candidate from being eligible for the MBBS course. 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 Supreme Court further said the disability board should also give reasons if it concludes that the candidate was not eligible for pursuing the course.

It pronounced the verdict on a plea of student Omkar who has challenged the Graduate Medical Education Regulation of 1997 which bars a person with equal or more than 40% disability from pursuing MBBS.

Published - October 15, 2024 02:19 pm IST