38.6c New Delhi, India, Friday, August 29, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Quantified Disability alone not a barrier to admission in educational institutions: SC [Read Judgment]

By Jhanak Sharma      16 October, 2024 01:57 PM      0 Comments
Quantified Disability alone not a barrier to admission in educational institutions SC

NEW DELHI: The Supreme Court has said that a constitutional court examining the plea of discrimination is mandated to consider whether real equality exists and also obliged to probe as to whether beneath the veneer of equality there is any invidious breach of Article 14 of the Constitution.  

"The approach of the Government, instrumentalities of States, regulatory bodies and for that matter even private sector should be, as to how best can one accommodate and grant the opportunity to the candidates with disability. The approach should not be as to how best to disqualify the candidates and make it difficult for them to pursue and realise their educational goals," a bench headed by Justice B R Gavai said.

The top court held that quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions.

In a ruling, the bench, also comprising Justices Aravind Kumar and K V Vishwanathan, adopted a purposive interpretation of the Rights of Persons with Disability Act, 2016, to hold that merely because of the quantification of the disability for speech and language at 40% or above, a candidate does not forfeit his right to stake a claim for admission to course of their choice.

The bench found a peculiar scenario in the NMC regulation.

"While people with less than 40% disability are not eligible for PwD quota, though they can pursue the medical course, persons with equal to or more than 40% disability are not eligible for the medical course. Read literally, while persons with speech and language disability with less than 40% are not entitled to the reserved quota, if they have 40% or more disability they are rendered ineligible for the medical course," the bench said.

"The column under the guidelines “Eligible for Medical Course, Eligible for PwD quota” is left blank reinforcing the absurd position that under this category no one is rendered eligible for the 5% reserved quota (PwD). Certainly that cannot be the legal position," the bench added.

The court directed that the NMC's regulations in the notification of May 13, 2019, should be read in the light of this judgment.

The National Medical Commission will expeditiously comply with the requirements in the communication of the Ministry of Social Justice and Empowerment issued on January 25, 2024 for review of the regulation, it said.

"In any event, we direct that the needful be done by the NMC before the publication of the admission brochure for the academic year 2025-26," the bench said.

The court said, in the revised regulations and guidelines which the NMC will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognised in the RPwD Act.

The judgment authored by Justice Viswanathan on behalf of the bench, stated the candidate will be eligible, if the disability assessment board opined that notwithstanding the quantified disability the candidate can pursue the course in question.

Supreme Court Emphasizes Real Equality for Candidates with Disabilities in Education Admissions

The court also clarified that such decisions of the disability assessment boards which give a negative opinion for the candidate will be amenable to challenge in judicial review proceedings.

It said disabilities assessment boards are not monotonous automations to just look at the quantified benchmark disability as set out in the certificate of disability and cast aside the candidate. “Such an approach would be antithetical to Article 14 and Article 21 and all canons of justice, equity, and good conscience," the bench said.

The bench provided reasons for its September 18 order, which allowed a candidate Omkar Ramchandra Gond to be admitted to the MBBS course after the medical board opined that he could pursue medical education without any impediment.

The bench said that the candidate's 44-45% disability should not be a reason to deny admission and each candidate should be evaluated individually.

NMC Regulations to Be Revised for Inclusive Admission Policies, Ensuring Fair Opportunity for All

In its judgment, the bench also said acclaimed Bharatanatyam dancer Sudha Chandran, Arunima Sinha who conquered Mount Everest, prominent sports personality, H Boniface Prabhu, entrepreneur Srikanth Bolla and Dr Satendra Singh, the founder of ‘Infinite Ability’, are some of the shining daughters and sons from a long and illustrious list of individuals in India who scaled extraordinary heights braving all adversities.

"The world would have been so much the poorer if Homer, Milton, Mozart, Beethoven, Byron and many more would not have been allowed to realize their full potential. Distinguished Indian Medical Practitioner Dr Farokh Erach Udwadia in his classic work “The Forgotten Art of Healing and Others Essays’ under the Chapter ‘Art and Medicine’ rightly extolls their extraordinary talent, and of the many more similarly circumstanced," the bench said.

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

adult-woman-free-to-live-with-married-man-personal-autonomy-prevails-over-morality
Trending Judiciary
Adult Woman Free To Live With Married Man, Personal Autonomy Prevails Over Morality: Madhya Pradesh HC [Read Order]

Adult woman has right to live with married man, rules MP High Court; says personal autonomy outweighs moral concerns.

23 August, 2025 04:00 PM
sc-issues-notice-to-bci-on-plea-against-3-yr-moratorium-on-new-centre-for-legal-education
Trending Judiciary
SC issues notice to BCI on plea against 3-yr moratorium on new centre for legal education

SC issues notice to BCI on plea challenging 3-year moratorium on new legal education centres, calling it arbitrary and violative of fundamental rights.

23 August, 2025 05:13 PM
punjab-and-haryana-hc-upholds-denial-of-furlough-to-life-convict-rules-temporary-release-is-a-concession-not-a-right
Trending Judiciary
Punjab and Haryana HC Upholds Denial of Furlough to Life Convict, Rules Temporary Release Is A Concession, Not A Right [Read Order]

Punjab & Haryana HC upholds denial of furlough to life convict, rules temporary release is a concession, not a right, under 2022 law.

23 August, 2025 05:16 PM
sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email