The right to reasonable accommodation for PwBD candidates in educational admissions is fundamental; systemic discrimination based on disabilities violates constitutional equal rights.

ORDER :

Mehta, J.

1. Heard.

2. Leave granted.

3. The appellant being a person with benchmark disabilities (for short ‘PwBD’) belongs to the reserved category of Scheduled Caste and aspires for admission to the MBBS UG (Bachelor of Medicine and Bachelor of Surgery) course. Having been denied admission to the MBBS course, despite standing high in merit in his category i.e., Scheduled Castes-PwBD quota, the appellant approached the High Court of Delhi at New Delhi¹[ Hereinafter referred to as ‘High Court.’] by filing a Writ Petition (C) No. 12165 of 2024, which came to be rejected vide order dated 10th September, 2024. The Letters Patent Appeal No. 967 of 2024, preferred by the appellant, also stands rejected by the Division Bench of the High Court vide order dated 12th November, 2024, which is assailed in this appeal by special leave.

4. The facts in brief, essential for disposal of the present matter, can be gathered from the detailed order dated 2nd April, 2025 passed by this Court, which is reproduced hereinbelow: -

“2. The petitioner passed Secondary School Examination/Class Xth in 2022 with 91.5% marks and class XIIth exams with 90% marks. He appeared for the National Eligibility-cum-Entrance Test (for short “NEET”) UG 2024 Examinations in the category of SC/PwBD candidate. The deformities suffered by the petitioner in his body are as below:-

“congenital absence of multiple fingers in both hands as well as involvement of left foot (2nd and 3rd toe), the extent whereof has been assessed at 42%.”

3. Despite the structural disadvantages referred to above, the petitioner performed exceedingly well in the examination scoring 542 marks and secured a category rank of 176. It may be stated that the cut- off marks for these subcategories were 143-127. Having made the cut-off for the SC/PwBD category with flying colours, the petitioner staked his rightful claim for the next stage which requires the issuance of a Certificate of Disability for NEET Admissions (“NEET Disability Certificate”) by a designated ‘Disability Certification Centre’. Accordingly, the petitioner approached the Vardhman Mahavir Medical College-Safdarjung Hospital, New Delhi (for short “VMMC-SJ Hospital”) for medical assessment. Even though, the VMMC-SJ Hospital assessed the petitioner’s disability at 68%, it concluded that under the NMC/MCI guidelines, the petitioner was not entitled to pursue the medical courses. The conclusions drawn by the certifying body in the certificate dated 19th August, 2024, are reproduced below for ready reference:-

“Conclusion: Based on quantification of disability The candidate is not eligible to pursue medical courses (as per NMC norms).

Remark: BILATERAL UPEER (sic) LIMB INVOLVEMENT

The Disability Certification Board certifies that the candidate is not eligible for admission in Medical/Dental courses and to avail 5% PwD reservation as per the NMC/MCI Gazette Notification.”

4. Aggrieved by his disqualification from admission in the MBBS course on the ground of benchmark disabilities, despite standing high in merit, the petitioner approached the High Court of Delhi by filing Writ Petition (Civil) No. 12165 of 2024.

5. The learned Single Bench of the High Court directed the All-India Institute of Medical Sciences, New Delhi to constitute a Board of three experts to reassess the petitioner’s disabilities and to give an opinion as to whether the petitioner would be able to pursue medical courses and perform as a Doctor. In