VidhiSangh

Supreme Court of India · 15/10/2024

OMKAR RAMCHANDRA GOND versus THE UNION OF INDIA & ORS.

[2024] 10 S.C.R. 673 · 2024 INSC 775

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Summary

A NEET candidate with 44-45% speech and language disability was declared ineligible for MBBS solely because Appendix H-1 to the 2019 Graduate Medical Education Regulations bars candidates with such disability of 40% or more. The Supreme Court held that quantified benchmark disability alone does not disqualify a candidate. The Disability Assessment Board must record, with reasons, whether the disability will actually prevent the candidate from pursuing the course. Since an expert board found it would not, his admission was confirmed.

Issues

  1. Whether a candidate with speech and language disability quantified at 40% or more can be denied admission to the MBBS course under the PwD category solely on that quantification under Appendix H-1 of the Graduate Medical Education Regulations (notification dated 13.05.2019).
  2. How the Regulations should be read consistently with the Rights of Persons with Disabilities Act, 2016, Articles 14 and 41 of the Constitution, and the principle of reasonable accommodation.
  3. What procedure Disability Assessment Boards must follow, and what remedy is available against a negative opinion.

Provisions considered

Held

Result

Appeal allowed; High Court's order dated 29.08.2024 set aside; appellant's admission to MBBS (granted by order of 18.09.2024) confirmed as valid. Directions issued to Disability Assessment Boards and to the NMC (to act before the 2025-26 brochure); the writ petition pending in the Bombay High Court stands disposed of in terms of the judgment; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 673.