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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Om Rathod – Appellant
Versus
Director General of Health Services – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
| Table of Contents | |
| A. | Background |
| B. | Pillar to post: scaling the ramparts of courts and hospitals |
| C. | The maze to inclusion: RPWD Act and guidelines |
| D. | Principle of fair assessment of competence: reasonable accommodation and the functional competence model |
| E. | Building bridges for the nation: principle to practice |
| F. | Conclusions |
The Stage
We didn’t go up to the stage
no one asked us, actually
only by pointing fingers
they showed us our place
and we sat there;
‘great’ they exclaimed.
And they went up on the stage
started narrating us our own sorrows
but, ‘our sorrows remained ours
never became theirs....’
- Waharu Sonavane1 [Poem translated from its original version in Marathi - written in the context of the tribal movement being co-opted by persons who claim to speak on their behalf while simultaneously othering them]
A. Background
1. Legal principles and their application often stand at opposite banks of the river. The distance between them is manifest before us. The appellant has undergone a crash course in navigating the Indian legal system - from statutory prescriptions, regulatory stipulations, High Court adju
Reasonable accommodation is a fundamental right for persons with disabilities, and Disability Assessment Boards must prioritize functional competence over mere quantification to ensure equality and i....
The quantified disability alone cannot disqualify a candidate from medical admission; functional assessment and reasonable accommodations are essential for eligibility under the Rights of Persons wit....
The court emphasized that eligibility for medical courses must be based on functional assessments rather than mere disability quantification, reinforcing the principle of reasonable accommodation for....
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
The court affirmed that the UDID must be prioritized for disability claims over conflicting assessments, reinforcing the legal right to reservation for persons with benchmark disabilities.
The court upheld the exclusion of candidates with disabilities from medical admissions based on a lawful assessment of functional eligibility, balancing inclusion with patient safety under the Rights....
The court established that valid certifications under the RPwD Act must be recognized for admission to medical courses, emphasizing the authority of designated certifying bodies over assessments by o....
The assessment of disabilities under statutory guidelines by competent authorities must be prioritized over any subsequent assessments made by non-statutory boards for admission to medical courses.
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
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