Can over 40% Speech and Language disability hinder MBBS studies? Medical Board to examine as SC comes to aid of student

Supreme Court: In a special leave petition (civil) against a decision of the Bombay High Court, wherein, the petitioner’s challenge to Regulation holding persons with speech and language disability above 40 per cent to be ineligible to admission, was adjourned for three weeks, without considering his prayer for interim relief on his admission to MBBS course under ‘Persons with Disability’ category, the Division Bench of BR Gavai and KV Viswanathan, JJ., coming to the aid of the student, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune to constitute a Medical Board to examine as to whether the speech and language disability of the petitioner would come in his way of pursuing the MBBS Degree Course.

On perusal of the certificate of disability for NEET admission, the Court noted that the petitioner was held ineligible for admission under PwD category for having speech and language disability to the extent of 44 per cent. The Dean, BJGMC was directed to forward the report to the Court by 07-09-2024. The Medical Board shall consist of one or more specialists, having domain expertise pertaining to the impairment faced by the petitioner. Further, the Court clarified that the Medical Board shall not be affected by the requirements under the impugned Regulation whereby persons above 40 per cent speech and language disability are disqualified for admission.

The Court also directed that the seat allotted to the petitioner shall be kept vacant, until any further orders.

The Court noted that in Vibhushita Sharma v. Union of India¹ a directed for examination by a Medical Board at PGI, Chandigarh to assess the fitness of the petitioner to pursue the MBBS degree course, who was denied admission on the ground of having speech and language impairment of 55%.

The petitioner was selected for admission to MBBS course from the category of ‘Persons with Disability’ (‘PwD’) through NEET and was allotted medical college. The Disability Certification Board, Sir JJ Group of Hospitals, Mumbai had examined petitioner and certified that he was not eligible to Medical and Dental courses for having speech and language disability to extent of 44 per cent, hence, he cannot avail the 5% PwD reservation as per the Maharashtra Medical Council and Medical Council of India’s (‘MCI’) notification.

The petitioner approached the Bombay High Court challenging the Regulations framed by the MCI which stipulates that persons with equal to or more than 40% disability would not be eligible to pursue MBBS course. The petitioner challenged that the impugned Regulations are contrary to Section 32 of the Persons with Disabilities Act, 2016, hence must be declared ultra-vires to Articles 14, 15, 19(1)(g), 21 and 29(2) of the Constitution of India.

The Bombay High Court adjourned the hearing for three weeks, without even considering the prayer for interim relief.