The Supreme Court of India has upheld the rights of persons with disabilities (PwDs) to pursue medical education. The Court directed the government to take necessary steps to ensure reasonable accommodation for PwDs in medical colleges. This order was pronounced by a three-Judge Bench of CJI D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra on October 25, 2024.
Facts of the Case
The appellant had lower limb myopathy – a locomotor disability. He secured an A1 grade in his matriculate (Class X) and intermediary (Class XII) examination held by the Central Board of Secondary Education (CBSE).
He appeared for the NEET UG Examination 2024 under the unreserved/EWS-PwD category and secured 601 marks out 720. Consequently, he was placed him at an all-India PwD rank of 84 and a State PwD rank of 4.
Despite having a Disability Certificate which was to be valid until 2025, he submitted himself to the mandatory assessment to get his eligibility certified by a designated medical board at AIIMS, Nagpur.
The medical board at AIIMS, Nagpur comprised of an Associate Professor in Physical Medicine and Rehabilitation, an Assistant Professor of Orthopaedics and a Professor who was the Chairman of the Disability Board at AIIMS, Nagpur and the Board, by a NEET Disability Certificate, opined that the appellant was 88% disabled and was therefore ineligible to pursue an MBBS/Dental course. Being aggrieved, he filed a writ petition before the Bombay High Court and the same was dismissed. The appellant then approached the Supreme Court.
Key Points of the Order
The Court emphasized the importance of providing reasonable accommodations to PwDs to enable them to pursue their studies and practice medicine.
The Court also directed the reconstitution of Disability Assessment Boards to include experts with disability or those well-versed in disability rights. These boards should adopt a human-rights-based approach to assess the capabilities of PwDs.
It also directed the government to issue new guidelines for admitting PwDs to medical courses, ensuring fair and inclusive procedures.
The Court stressed the need for medical institutions to provide accessible infrastructure and facilities to PwDs, including ramps, elevators, and assistive technology.
It further also recognized the value of having diverse healthcare professionals, including those with disabilities, to provide better care to patients with similar disabilities.
