New Delhi [India], October 15 (ANI): The Supreme Court on Tuesday ruled that mere existence of benchmark disability will not disqualify a candidate from being eligible for the course applied for as it came rescue to a speech and language disability candidate in granting admission in a medical course.
The judgement was pronounced by a bench of Justice B R Gavai, Aravind Kumar and KV Viswanathan, which is part of the detailed judgement of its earlier September 18’s order. The direction of the Supreme Court came on a petition filed by one speech and language disability candidate seeking admission to medical courses.
On September 18, the top court directed the disabled candidate to be admitted against the seat, which was directed to be kept vacant as per the orders passed by this Court.
“We have already, pursuant to our order dated 18.09.2024, in view of the favorable report dated 13.09.2024 of the Maulana Azad Medical College, granted admission to the appellant. We confirm the admission and direct the concerned authorities to treat the admission as a valid admission in the eye of law,” the top court said on Tuesday.
The petition was filed by Omkar Ramchandra Gond, who grew up in a middle-class family in the city of Latur in Maharashtra State, through his advocate Pulkit Agarwal.
In its detailed judgement, the top court said, “While interpreting the Regulations and Guidelines, as provided in Appendix H-1 to the notification dated 13.05.2019, as they stood for the academic year 2024-25, we are constrained, keeping in mind the salutary object of the RPwD Act and Article 41 of the Directive Principles of State Policy, to direct that mere existence of benchmark disability of 40% or above (or such other prescribed percentages depending on the disability) will not disqualify a candidate from being eligible for the course applied for. The Disability Assessment Boards assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question. The Disability Assessment Boards should state reasons in the event of the Disability Assessment Board concluding that candidate is not eligible for pursuing the course.”
“Pending creation of the Appellate body, we further direct 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,” the top court said.
The Court seized of the matter in the judicial review proceedings shall refer the case of the candidate to any premier medical institute having the facility for an independent opinion and relief to the candidate will be granted or denied based on the opinion of the said medical institution to which the High Court had referred the matter. The top court said.
The top court also recollected 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 top court said.
“The Disability Assessment Boards assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question. The Disability Assessment Boards should state reasons in the event of the Disability Assessment Boards concluding that the candidate is not eligible for pursuing the course,” the top court said.
“The Disability Assessment Boards will, pending formulation of appropriate regulations by the NMC, pursuant to the communication of 25.01.2024 by the Ministry of Social Justice and Empowerment, keep in mind the salutary points mentioned in the said communication while forming their opinion.”
Pending creation of the appellate body, we further direct 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, the court 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. It will also defeat the salutary objectives of the RPwD Act. The Disabilities Assessment Boards are obliged to examine the further question as to whether the candidate in the opinion of the experts in the field is eligible to pursue the course or in other words, whether the disability will or will not come in the way of the candidate pursuing the course in question,” the top court said.
It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices, the court remarked. (ANI)
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