Yesterday, the Supreme Court permitted a candidate with approximately 45% speech and language disability to enroll in the MBBS course, following the recommendation of a medical board established by the Court, which affirmed his ability to pursue medical education.

The Court instructed that the candidate be admitted to the seat that had previously been ordered to remain vacant.

A bench comprising Justices BR Gavai, Aravind Kumar, and KV Viswanathan was reviewing a challenge to the Bombay High Court's order, which had denied interim relief concerning the cancellation of the candidate's admission to the MBBS course.

During the hearing in the High Court, the petitioner contested the 'Graduate Medical Education Regulation, 1997' established by the Medical Council of India, which stated that individuals with 40% or more disability were ineligible for the MBBS course.

He argued that these regulations were inconsistent with Section 32 of the Rights of Persons with Disabilities Act, 2016, and sought a declaration that they were ultra vires Articles 14, 15, 19(1)(g), 21, and 29(2) of the Constitution of India.

During the course of hearing, the petitioner mentioned that his admission seat had been canceled due to his 44-45% speech and language impairment. He contended that he did not experience any "functional infirmities or disqualifications" that would hinder his ability to complete his education.

The petitioner noted that the results of the Centralized Admission Process (CAP) Round 1 were set to be announced on August 30, while the High Court had adjourned the matter to September 19, which he deemed inconsiderate.

In the previous hearing, the bench instructed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune, to form a Medical Board, including one or more specialists, to evaluate whether the petitioner's speech and language disability would hinder his pursuit of the MBBS degree.

Following the positive report from the Medical Board regarding the candidate's ability to pursue medical education, the Court granted him admission.

During the hearing, the Court emphasized the importance of adopting a more flexible and sensitive approach to facilitate medical education for persons with disabilities. It indicated that a separate judgment with detailed reasoning would be released.

Advocates S B Talekar, Pradnya Talekar along with Pulkit Agarwal (AoR) appeared for the petitioner before the Supreme Court whereas Advocate Gaurav Sharma appeared for the National Medical Commission.

Case Details: Omkar Ramchandra Gond v. Union of India & Ors SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39448/2024