IMPORTANT POINT
Persons with CVD may not be incapable of practicing in many fields of medical science.

JUDGMENT

Dipak Misra, J.

Leave granted.

2. The appellants, after crossing two scores and one, nurtured the ambition, which is quite a usual feature to human nature unless the innate nature is distracted by some kind of aberration, to prosecute medical education and for the said purpose they appeared in the examination and obtained the requisite marks to be selected. At that stage, the old saying "the proposals conceived in mind are not always concretized" or the beginning does not achieve the end or for many a reason, as it appears, took the principal seat and the two students were declared to be ineligible to take admission to MBBS course at the stage of counselling held on 23rd June, 2015 on the score that they suffered partial colour blindness. In such a situation, the appellants being determined and affirmatively obstinate not to abandon their pursuit, approached the High Court of Tripura at Agartala in W.P.(C) Nos.244 and 252 of 2015 seeking relief that the declaration of ineligibility by the concerned Committee was absolutely indefensible and legally impermissive. The submission of the appellants was built on the foundation that there were no regulations framed by the Medical Council of India under the Indian Medical Council Act, 1956, debarring the likes from admission, for in the absence of a regulation, neither any instruction nor resolution of the MCI could throttle the right to appear.

3. The stand and stance put forth by the appellants was resisted by the State placing reliance on the recommendations of the expert Committee of the Medical Council of India. The said recommendations are as follows:-

"The expert committee deliberated at length about the importance of normal colour vision to pursue various subjects in the curriculum of MBBS course. All the experts unanimously thought that the presence of normal colour vision was indispensable to acquire the desired competency of a MBBS doctor. The presence of good colour vision is also essential to pursue post graduation in various disciplines of Medicine and Surgery. Moreover, as the normal colour vision is essential all the services mentioned under the category 'Technical' which included Indian Police Service, Indian Forest Service, Railway Engineering Service, Indian Railway Traffic Service, Posts on Marine establishment, Telegraph Engineering Services etc., it is imperative that the doctor who conducts the medical exam of these individuals should also have normal colour vision. The main recommendations of the Committee were as follows:-

The testing of colour vision must be conducted in respect of all the students for admission to MBBS course. The colour defective students should not be allowed to pursue the MBBS course as a normal colour vision is absolutely necessary for such a study."

4. Apart from that, reliance was also placed on the recommendations dated 12th October, 2004 of the General Body Meeting. The said recommendations which are relevant are extracted hereunder:-

"1. Admission of visually handicapped persons for MBBS:

It is mandatory that the students who are selected to join MBBS course should undergo an eye examination by a qualified Ophthalmologist and must be certified to have best corrected visual activity of 6/9 in each eye. In case of one-eyed person, the best corrected visual activity should be 6/6. The candidate should be able to identify the three primary colours.

2. The time of onset blindness and continuation of their curriculum from thereon:

Retention of normal vision is an absolute need for undergoing the training in medical curriculum unlike in other streams of education like Arts and Science. Medicine is a course where perfect vision is the absolute need. The Committee recommends that a candidate who becomes visually challenged after having been admitted to the course and completed to a reasonable extent his clinical training may still be considered fit for assessment and final examination. However, if the candidate develops visual challenge befor