The Supreme Court has urged the Union government and the National Medical Commission (NMC) to adopt a more empathetic approach towards disabled candidates aspiring to pursue careers in medicine. It directed the admission of a candidate with 44% speech and language disability, highlighting that individuals with physical impairments should not be denied opportunities based on rigid regulations.
A bench led by Justice Bhushan R Gavai on Tuesday expressed concern over the stringent and outdated categorisation of disabilities that governs medical admissions, stressing that authorities must consider such cases with greater sensitivity. “You should be more sensitive towards these issues. If they are capable of pursuing the course, they should not be forced to approach this court,” said the bench also comprising justices Aravind Kumar and KV Viswanathan. The court implored the authorities not to rely solely on strict cut-off criteria to bar capable candidates from pursuing their dreams.
The candidate with 44% speech and language disability was denied admission due to a rigid NMC rule that prevents candidates with more than 40% speech and language disability from being eligible for medical courses. The Supreme Court constituted a medical board to evaluate the suitability in response to the candidate’s petition. The board’s report to the court confirmed the candidate’s capability to pursue the course. The bench took on record the board’s report and allowed the petitioner admission to the MBBS programme.
The bench told NMC counsel, senior advocate Gaurav Sharma, and the lawyer representing the Union government that denying admissions to disabled candidates based on inflexible regulations may not stand the test of constitutionality and justness.
Justice Viswanathan recalled a similar case involving a candidate barred from medical school due to colour-blindness. In that instance, too, the court overruled the rigid bar, allowing the candidate to pursue medical education.
“…all the senior doctors on the panel determining whether colour-blindness should be an absolute bar were very considerate and accommodative. You have to be more sensitive,” remarked Justice Viswanathan, recounting his role as amicus curiae in that case when he was practising as a senior advocate.
Sharma responded that NMC follows the health ministry’s rules. He added there remains a conflict between the ministries of health and social justice. Sharma pointed out that the social justice ministry often supports disabled candidates. He said the health ministry tends to impose stricter rules. “Let the two ministries talk and come up with a solution in the larger interest of the candidates,” Sharma suggested.
The bench then asked the Union government’s counsel to address this issue and coordinate between the two ministries to consider creating regulations that better serve the interests of disabled candidates.
The ruling aligns with the Supreme Court’s progressive stance on disability rights in recent years. Several landmark judgments have opened doors for individuals with disabilities to pursue careers in fields previously deemed inaccessible.
In April 2023, another bench of the Supreme Court allowed a candidate with a 55% speech and language disability to secure admission to a medical course, setting a strong precedent.
The court has made significant interventions in education for visually impaired and colour-blind individuals.
In a 2017 ruling, the court allowed colour-blind candidates to pursue medical courses, overturning outdated regulations that imposed an absolute bar. The court in 2022 allowed admissions to the prestigious Film and Television Institute of India for colour-blind candidates, noting that arts and filmmaking must have the widest canvas instead of being boxed in conformist mores. It has allowed visually impaired candidates to appear for judicial examinations and other professional courses, reinforcing the idea that disabilities should not be seen as barriers to intellectual and professional competence.
The court rulings are in line with the broader goals of the Rights of Persons with Disabilities Act, 2016, which emphasises the need to promote inclusive education and professional opportunities for individuals with disabilities. They also highlight the need for more comprehensive reforms in India’s educational and professional frameworks to accommodate disabled candidates.