On Wednesday(18th Sept), The Supreme Court of India urged the Union government and NMC to adopt a compassionate approach for disabled medical aspirants. It directed the admission of a candidate with 45% speech and language disability, stressing that rigid rules should not bar individuals with physical impairments from pursuing their goals.
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NEW DELHI: On Wednesday(18th Sept), The Supreme Court of India has called on the Union government and the National Medical Commission (NMC) to adopt a more compassionate and understanding approach towards disabled candidates seeking careers in the medical field. Highlighting a particular case, the court directed the admission of a candidate with a 45% speech and language disability, emphasizing that individuals with physical impairments should not be excluded from pursuing their dreams due to rigid rules.
A bench headed by Justice Bhushan R Gavai expressed its concerns about the stringent and outdated categorization of disabilities that currently governs medical admissions. The court noted that these rules often fail to take into account the individual capabilities of disabled candidates.
The bench, which included Justices Aravind Kumar and KV Viswanathan, stressed-
“You should show greater sensitivity to these issues. If they are capable of pursuing the matter, they should not be compelled to take it to court.”
This statement reflects the court’s position that authorities must show greater sensitivity when handling cases involving disabled candidates.
In this particular instance, a candidate with 45% speech and language disability had been denied admission under a rigid NMC regulation, which disqualifies those with more than 40% speech and language disability from pursuing medical courses. The candidate petitioned the Supreme Court, which responded by constituting a medical board to evaluate the individual’s suitability for the course. The board’s report confirmed that the candidate was indeed capable of pursuing the MBBS program. Based on this finding, the bench allowed the petitioner’s admission.
The court, addressing the NMC counsel, senior advocate Gaurav Sharma, and the Union government’s representative, emphasized that such rigid regulations might not withstand scrutiny under constitutional law. The bench highlighted that denying admission to disabled candidates based on inflexible rules could violate principles of fairness and justice.
Justice Viswanathan, reflecting on a similar case from the past, recalled a situation where a candidate was barred from medical school due to color blindness. In that instance, the court had overruled the restriction, allowing the candidate to continue their medical education.
Justice Viswanathan recounted-
“…all the senior doctors on the panel evaluating whether color-blindness should be an absolute disqualification were very considerate and accommodating. You need to show more sensitivity.”
highlighting the need for a compassionate approach to disability issues in medical education.
In response, Gaurav Sharma acknowledged that the NMC follows the rules set by the health ministry but pointed out a conflict between the health ministry and the ministry of social justice. According to him, the ministry of social justice often advocates for the inclusion of disabled candidates, while the health ministry enforces stricter regulations. He suggested-
“Allow the two ministries to discuss and find a solution that serves the best interests of the candidates.”
hinting at the need for collaboration between the ministries to address this issue.
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The Supreme Court’s decision is consistent with its progressive stance on disability rights in recent years. Multiple landmark judgments have enabled individuals with disabilities to access professions and educational opportunities that were once considered inaccessible to them.
In April 2023, for instance, another bench of the Supreme Court allowed a candidate with a 55% speech and language disability to secure admission to a medical course, further establishing a precedent for such cases.
The Supreme Court has also intervened in several other cases concerning disabled individuals seeking admission to educational institutions. Notably, in a 2017 ruling, the court overturned outdated regulations that imposed an absolute bar on color-blind candidates from pursuing medical courses. In 2022, the court allowed color-blind candidates to gain admission to the prestigious Film and Television Institute of India (FTII), emphasizing that artistic and filmmaking careers must offer the broadest possible opportunities and not be restricted by rigid norms. In another significant ruling, the court permitted visually impaired candidates to sit for judicial exams and other professional courses, reinforcing the idea that disabilities should not be seen as barriers to intellectual or professional competence.
These court rulings align with the broader objectives of the Rights of Persons with Disabilities Act, 2016, which promotes inclusive education and professional opportunities for individuals with disabilities. The act aims to ensure that people with disabilities are given equal opportunities to contribute to society and pursue careers of their choice.