VidhiSangh

Supreme Court of India · 02/05/2025

KABIR PAHARIA versus NATIONAL MEDICAL COMMISSION AND OTHERS

[2025] 5 S.C.R. 653 · 2025 INSC 623

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Summary

A Scheduled Caste candidate with benchmark disability (congenital absence of several fingers and toes) who ranked 176 in the SC-PwBD category in NEET-UG 2024 was declared ineligible for MBBS under NMC norms by successive medical boards, and the High Court upheld that. After a fresh AIIMS board, constituted on the Supreme Court's direction, found he performed all clinical skills satisfactorily except a minor difficulty in donning gloves, the Court held the denial of admission grossly illegal, arbitrary and violative of Articles 14 and 16, directed his admission at AIIMS in the 2025-26 session without re-taking NEET, and ordered the NMC to revise its guidelines within two months.

Issues

  1. Whether a PwBD candidate who is high in merit can be denied MBBS admission on the basis of a medical board's quantification of disability without an individualised, evidence-based functional assessment and consideration of reasonable accommodation.
  2. Whether relief should be deferred because the National Medical Commission is in the process of revising its disability guidelines pursuant to Om Rathod and Anmol.
  3. What relief follows where a lower-ranked candidate was admitted against the SC-PwBD seat to which the appellant had a valid claim.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 12.11.2024 in LPA No. 967 of 2024 set aside; appellant to be allotted an MBBS UG seat for 2025 against the SC-PwBD quota at AIIMS, New Delhi in the forthcoming session without re-taking NEET-UG 2025; NMC to revise its guidelines within two months and before counselling for 2025-26 commences; no order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 653.