6 Nov 2023 12:35 PM GMT
The Supreme Court recently dismissed the plea by a student suffering from 80% locomotor disability seeking reservation under the quota for Persons with Disabilities(PWD) for admission in the MBBS Course(2023-24). At the same time, the court reminded the Central government to comply with its earlier order where it had asked it to find solutions to facilitate the effective participation of persons with disabilities.
The Court observed, “the issue with regard to finding a suitable solution to facilitate the effective participation of persons with disabilities, by the Central Government, as suggested by order dated 22.09.2023 has not been addressed and therefore the same is required to be complied with.”
The Supreme Court bench comprising Justices MM Sundresh and Justice Aravind Kumar was hearing a writ petition under Article 32 of the Constitution for admission to the MBBS course under the PwD quota. The medical board had not declared them fit for seeking admission.
In the present case, the petitioner suffered from locomotor disability. To claim reservation under section 32 of the Act, one must suffer from a specific disability of a minimum of 40%. He had a medical certificate from a civil hospital, in Surat certifying that he had a 40% disability and suffered from congenital UL deformity.
However, the medical admission board assessed his disability at 80% on 27.7.2023 and he was diagnosed with Kyphoscoliosis deformity, webbed neck, right UL significant weakness, right wrist dorsiflexion weakness, and shoulder weakness. The Medical Board in its appeal also confirmed the findings and the petitioner was declared not eligible for a medical course.
The Court had earlier adopted a liberal and sympathetic approach and had asked for proper medical assessment to be conducted by AIIMS twice. However, the expert doctors suggested that the petitioner was not eligible to pursue the course given his health conditions.
In the end, the petitioner relied on the Amendment notification of the Graduate Medical Education Regulation, 2019 to persuade the bench. But the court opined that “the upper limit of 80% disability would apply only to a candidate having both hands intact, with intact sensations and with sufficient strength. This range of motion is essential to be considered for medical courses. Unfortunately, the aforesaid criterion is not fulfilled by the petitioner due to the lack of such sensation.”
In light of the above, the court dismissed the writ petition.
Earlier, the Court had earlier stated that persons with disabilities should not be excluded from MBBS courses merely based on a quantitative assessment of their disabilities.
The Court clarified that hat the assessment report should clarify how the disability would impede the ability of the student to take up such a course. The Court had granted relief to one of the petitioners suffering from cerebral palsy eligible for PwD quota.
Case title: Bambhaniya Sagar Vasharambhai v. Union Of India
Citation: 2023 LiveLaw (SC) 956
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