The Supreme Court has ruled that a benchmark disability of 40 percent does not automatically disqualify a person from pursuing medical education unless an expert medical board determines that the individual is incapable of completing an MBBS course. A bench of Justices BR Gavai, Aravind Kumar, and KV Viswanathan provided these clarifications while explaining their September 18 decision, which allowed a candidate to enroll in an MBBS program. This came after a medical board confirmed that the candidate could pursue medical education without any significant impediment.
The Court emphasized that the assessment of whether a person with a disability is fit to pursue an MBBS degree must be made by a disability assessment board. The bench stated, “The existence of a benchmark disability alone does not disqualify a candidate from being eligible for the MBBS course. The disability assessment board must make a clear determination as to whether the candidate’s disability would prevent them from pursuing the course.”
Additionally, the Court highlighted that if the disability board finds a candidate unfit for medical education, it must provide specific reasons for its conclusion. The ruling came in response to a plea from a student named Omkar, who had challenged the Graduate Medical Education Regulation of 1997. This regulation restricts individuals with 40 percent or more disability from enrolling in MBBS programs, a rule that Omkar sought to overturn through the legal process.
