14 Sep 2023 11:40 AM GMT
The National Medical Commission (NMC) recently informed the Supreme Court that individuals diagnosed with ‘mental illnesses’ will now be eligible for undergraduate medical education without any bar. In a recent report filed in the Supreme Court, the Undergraduate Medical Education Board of the Commission has stated –
According to the latest report by an eight-member panel set up by the regulatory body overseeing medical education in the country, mental illness diagnoses will no longer prevent candidates from pursuing medical education, provided they achieve a competitive ranking in the NEET-UG entrance examination. However, the report also noted that quota benefits cannot be determined with the existing assessment methods, suggesting that they may be considered in the future with improved assessment techniques. The report states –
A bench of Chief Justice DY Chandrachud, and Justices JB Pardiwala, and Manoj Misra was hearing a plea by an MBBS aspirant diagnosed with a mental health condition exceeding 40 percent on the Indian Disability Evaluation Assessment Scale (IDEAS), who was not only deprived of reservation under the persons with disabilities (PwD) quota, but also denied admission in a medical science course on the strength of the opinion of a disability certification board.
In 2019, the erstwhile Medical Council of India issued admission guidelines for aspiring medical students with specified disabilities in terms of the Rights of Persons with Disabilities Act, 2016. These guidelines allowed students with various disabilities to pursue a medical education, including physical disabilities, specific learning disabilities (such as dyslexia), autism spectrum disorders, mental behavioural conditions, disabilities caused by chronic neurological conditions and blood disorders, as well as multiple disabilities like deaf-blindness.
Insofar as intellectual disabilities and mental health disorders were concerned, candidates diagnosed with specific learning disabilities (less than 40 percent disability), mildly autistic students, and those with Asperger’s syndrome (up to 60 percent disability as per Indian Scale for Assessment of Autism or ISAA), and aspirants diagnosed with ‘mental illness’ (less than 40 percent disability as per IDEAS) were allowed admission subject to an expert panel granting them a fitness certificate.
There was, however, a disparity in the allocation of quotas for individuals with disabilities by the National Medical Commission. While quotas were provided for those with physical disabilities, disabilities stemming from chronic neurological conditions and blood disorders, and multiple disabilities like deaf-blindness, students with intellectual disabilities (specific learning disabilities and autism spectrum disorder) and mental health conditions were excluded from these provisions. With respect to reservation for candidates with intellectual disabilities or mental health disorders, the 2019 guidelines said that such reservation was “currently not recommended due to a lack of objective method to establish presence and extent of mental illness.” The benefit of reservation or quota may be considered in the future after developing ‘better methods of disability assessment’, the regulations further stated.
In his petition, the candidate raised concerns about equitable access to medical education for all aspiring students, regardless of the nature of their disabilities. In response, the Supreme Court in May directed the NMC to assemble a panel of experts to explore new approaches to assess disability in students with mental illnesses, special learning disorders, and autism spectrum disorders for MBBS admission quotas.
The apex court bench headed by Chief Justice Chandrachud took this report on record on Tuesday(September 12). Advocate Gaurav Kumar Bansal, appearing for the petitioner, pointed out that several countries not only allowed individuals with mental health disorders to pursue medical education but also provided them with the benefit of affirmative action. In view of these submissions, the court allowed the petitioner to amend his petition to challenge the commission’s updated guidelines on admitting individuals diagnosed with mental health disorders to MBBS programs and their exclusion from quota benefits under the Rights of Persons with Disabilities Act. At the same time, the court acknowledged the National Medical Commission’s efforts in setting up an expert committee and releasing guidelines based on its recommendations, before adjourning the hearing until October 17.
The petition has been filed through Advocate-on-Record Shomila Bakshi.
Case Title
Vishal Gupta v. Union of India & Ors. | Writ Petition (Civil) No. 1093 of 2022