Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.

JUDGMENT :

A. S. CHANDURKAR, J.

1. Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The petitioner who suffers from multiple disabilities to the extent of 58% and speech disability exceeding 40% as per Certificate of Disability dated 6^th August 2024 has approached this Court seeking a declaration as regards his eligibility to pursue the MBBS course. The petitioner appeared in the National Eligibility cum Entrance Test, Under Graduate-NEET UG, 2024 that was held on 23^rd June 2024. A candidate suffering from a speech and hearing disability exceeding 40% is not considered eligible to pursue the MBBS course as per the Gazette Notification dated 5^th February 2019 published by the Medical Council of India as amended on 13^th May 2019. The petitioner on 15^th August 2024 made a representation to the first respondent- the National Medical Commission (for short, ‘NMC’) stating therein that the benchmark disability of 40% and below for pursuing medicine was arbitrary and without any scientific basis. The petitioner made a request to re-consider his disqualification to enable him to pursue the MBBS course. In the absence of any response to the same, the petitioner has filed this writ petition.

3. On 18^th September 2024, after hearing the learned counsel for the petitioner a direction was issued to the NMC as well as the fourth respondent- the Ministry of Health and Family Welfare through its Secretary to consider in the petitioner’s representation dated 15^th August 2024 and file an affidavit in that regard. On 9^th October 2024, the petitioner was examined by a three Member Committee constituted at the Grant Medical College and Sir J. J. Group of Hospitals, Mumbai being an authorized center for evaluation and issuance of disability certificates. It was stated that the petitioner was examined on 5^th August 2024 and as per the Notification dated 5^th February 2019 as well as the NEET UG-2024 Information Bulletin dated 15^th February 2019 as the speech and language disability of the petitioner was more than 40%, the Committee was of the opinion that the petitioner was not eligible to pursue the medical course.

On 17^th October 2024, in the light of the judgment of the Supreme Court in Omkar Ramchandra Gond Vs. the Union of India and others, 2024 INSC 775, a direction was issued for examining the petitioner’s functional ability by having the petitioner examined at the All India Institute of Medical Sciences, Nagpur. An interim direction was also issued by which the petitioner was permitted to be admitted at the first year MBBS course, 2024-25 in the PwD quota on a provisional basis. His admission was made dependent upon the determination of his functional ability as well as the outcome of the writ petition. The petitioner was accordingly examined at AIIMS, Nagpur by the NEET Disability Certification Medical Board (for short, ‘the DCMB’). On 23^rd October 2024, the DCMB issued a certificate opining that the petitioner was eligible to pursue medical education but was not eligible for PwD reservation.

4. On the strength of the interim order, the petitioner sought for being admitted at the fifth respondent-Government Medical College, Jalna on 30^th October 2024. However, in view of the certificate dated 23/10/2024 issued by the DCMB, the petitioner was held not eligible for PwD reservation. As a result, his admission at the Government Medical College, Jalna came to be cancelled. By amending the writ petition, the petitioner has sought restoration of his admission with a declaration that the petitioner was also eligible to claim PwD reservation. In the aforesaid backdrop, the learned counsel for the parties have been heard.

5. Mr. Rahul Bajaj, learned counsel appearing for the petitioner referred to the decisions of the Supreme Court in Omkar Ramchandra Gond (supra) and Om Rathod Vs. The Director General of Health Services and others, 2024 INSC 836 and submitted that notwithstanding the assessment of disability of the petitione