Supreme Court Allows A Candidate With 44-45% Speech And Language Disability To Pursue MBBS Course

On September 18, 2024 (Yesterday), the Supreme Court (SC) bench of Justice BR Gavai, Justice Aravind Kumar, and Justice KV Viswanathan allowed a candidate with 44-45% speech and language disability to be admitted to the MBBS course. The bench said this after considering the opinion, of a medical board constituted by this court, that he could pursue medical education. Further, the SC ordered, “The appellant is directed to be admitted against the seat, which was directed to be kept vacant as per the orders passed by this Court.” The bench was hearing a challenge against the Bombay High Court order that denied interim relief against the cancellation of the admission to the MBBS course. 

The petitioner, before the High Court, challenged the 'Graduate Medical Education Regulation, 1997' framed by the Medical Council of India which stated that persons with equal to or more than 40% disability would not be eligible to pursue MBBS. He also contended that these regulations were contrary to Section 32 of the Right of Persons with Disabilities Act, 2016. Therefore, the petitioner sought a declaration that such regulations were ultra-vires Article 14, Article 15, Article 19(1)(g), Article 21, and Article 29(2) of the Constitution of India. 

After considering the positive report given by the Medical Board consisting of one or more specialists, constituted by the Dean, Byramjee Jeejeebhoy Government Medical College, Pune on SC’s direction, to examine whether the speech and language disability of the petitioner would come in his way in pursuing the MBBS Degree Course the bench, the bench on September 18 allowed him admission. Moreover, the SC bench expressed concern over the outdated categorization of disabilities that governs medical admissions and said, “You should be more sensitive towards these issues. If they are capable of pursuing the course, they should not be forced to approach this court.”