LawChakra

[NEET-UG 2024] Supreme Court Allows Candidate With Muscular Dystrophy To Participate In Counselling

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Granting relief to a NEET-UG candidate with 88% muscular dystrophy, the Supreme Court ruled he may participate in counseling, acknowledging his capability to complete the MBBS course with assistive devices. This judgment underscores the court’s commitment to inclusivity, emphasizing that disability should not hinder educational opportunities.

New Delhi: In a significant move towards inclusivity in medical education, the Supreme Court today, on October 25, permitted a candidate with 88% muscular dystrophy to proceed with the NEET-UG 2024 counseling. This decision follows an expert report indicating that the candidate, with the aid of assistive devices, could successfully complete the MBBS program.

The bench, led by Chief Justice DY Chandrachud, with Justices JB Pardiwala and Manoj Misra, reviewed the case of the candidate disqualified from the MBBS program. The National Medical Commission (NMC) guidelines mandate that candidates with muscular dystrophy must have their disability reduced below 80% to be eligible for admission.

However, due to the nature of muscular dystrophy, which progressively weakens and breaks down muscle tissues, reducing this disability to the specified limit proved unfeasible for the petitioner. As a result, the Bombay High Court had initially refused relief.

In an earlier hearing, the Supreme Court sought the assistance of Dr. Satendra Singh, founder of Infinite Ability, an organization supporting disabled healthcare professionals. Dr. Singh’s report confirmed that, despite the quantified disability, the candidate could pursue the MBBS course using assistive devices. This report strengthened the case for allowing the candidate to participate in counseling.

While the National Medical Council’s counsel acknowledged Dr. Singh’s expertise in physiology, he pointed out that Singh was not a specialist in muscular dystrophy. Nevertheless, he expressed no opposition to the petitioner’s admission. Justice JB Pardiwala voiced his support, stating,

“There are two reports now, give him a chance!”

The Supreme Court’s ruling highlighted the candidate’s perseverance, as he scored an impressive 601 out of 720 on the NEET-UG 2024 examination, surmounting the obstacles posed by his condition. Allowing him to join the ongoing counseling process, the court clarified that this decision is case-specific and should not set a precedent for future legal challenges.

“We accordingly direct that the petitioner be permitted to participate in the ongoing counseling of NEET-UG 2024,”

the bench ordered. The court further emphasized that this directive should not be interpreted as a conclusive legal opinion on future disability assessment cases.

This landmark ruling marks a pivotal moment in the discourse on disability rights in India, echoing the court’s recent stance that the mere presence of a benchmark disability should not automatically disqualify a candidate from pursuing an MBBS course.

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