VidhiSangh

Supreme Court of India · 25/10/2024

OM RATHOD versus THE DIRECTOR GENERAL OF HEALTH SERVICES & ORS.

[2024] 10 S.C.R. 2187 · 2024 INSC 836

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Summary

The Supreme Court set aside a Disability Assessment Board's opinion declaring a NEET candidate with a locomotor disability above 80% ineligible for MBBS, holding that boards must assess functional competence with assistive devices and reasonable accommodation rather than merely quantify disability. Relying on a court-requested functional assessment finding him suitable, it directed a supernumerary seat at AIIMS Nagpur and issued directions for reforming the guidelines and the working of assessment boards.

Issues

  1. Whether a Disability Assessment Board may declare a candidate with more than 80% locomotor disability ineligible for the MBBS course on quantification of disability alone, without assessing functional competence with assistive devices under Appendix H-1 of the MBBS admission guidelines.
  2. What is the nature and constitutional status of the right to reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.
  3. What standards of fairness, transparency and reasoning govern Disability Assessment Boards, and what is the role of courts in reviewing their opinions.
  4. What relief should be granted to the appellant, who had lost his allotted seat during the litigation.

Provisions considered

Held

Result

Appeal allowed; the High Court judgment set aside and the AIIMS Nagpur board report dated 13 August 2024 quashed. A supernumerary MBBS seat directed to be created at AIIMS Nagpur for the appellant if he had not already secured a seat of his choice, with the functional assessment report to be furnished to the college and protection from victimisation; the judgment to apply in rem, with general directions on guidelines, boards, accessibility information and Enabling Units, and a copy to be sent to the concerned Ministries.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 2187.