The Supreme Court of India has ruled that having a 40% benchmark disability does not automatically disqualify someone from studying medicine.
Instead, a specialized disability assessment board will evaluate the candidate’s ability to pursue medical education.
On September 18, a bench of Justices BR Gavai, Aravind Kumar, and KV Viswanathan allowed a student with 40% disability to enter an MBBS program.
The decision was based on a medical board’s report that confirmed the student could complete the course without problems.
Key Points of the Ruling
The court clarified that simply having a benchmark disability is not enough for disqualification.
An expert report must show that the disability prevents the individual from pursuing medical studies.
The disability assessment board plays a crucial role in this process.
It must determine whether a candidate’s disability will affect their ability to finish the MBBS course.
The Supreme Court emphasized that the board should “positively record” if the disability impacts the candidate’s studies.
If the board finds a candidate ineligible, it must give clear reasons for its decision. This process ensures fairness for all applicants.
Background of the Case
This ruling came from a plea by Omkar, a student challenging the Graduate Medical Education Regulation of 1997.
This regulation stated that individuals with a disability of 40% or more could not enroll in medical courses.
The court’s decision now gives hope to many aspiring medical students with disabilities.
Their eligibility will be judged based on individual capabilities instead of a general rule.
This important information was sourced from IndiaToday.in, highlighting the Supreme Court’s commitment to inclusion and support for students with disabilities in higher education.
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