A person with benchmark disability cannot be denied admission in medical courses if they qualify according to merit and applicable reservation provisions.

O R D E R

The question which arises in this writ petition under Article 32 of the Constitution of India is, whether a person with benchmark disability of low vision, within the meaning of Section 2 (r), read with Clause 1B of the Schedule, of the Rights of Persons with Disabilities Act , 2016 (hereinafter referred to as the ‘2016 Act’) can be denied the benefit of reservation for admission to the MBBS Medical Course.

On 13^th December, 2006, the United Nations General Assembly adopted the United Nations’ Convention on the Rights of Persons with Disabilities, which inter alia lays down the following principles for empowerment of persons with disabilities:

(a) respect for inherent dignity, individual autonomy Signature Not Verifiiedncluding the freedom to make one’s own choices, and independence of persons;

(b) non-discrimination;

(c) full and effective participation and inclusion in society;

(d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

(e) equality of opportunity;

(f) accessibility;

(g) equality between men and women;

(h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

India ratified the United Nations’ Convention on the Rights of Persons with Disabilities on 1^st October, 2007. The 2016 Act has been enacted to give effect to the United Nations’ Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. The Right to Equality envisaged under Articles 14 and 15 of the Constitution of India contemplates equal rights in every respect including equal right to be considered for admission to educational institutions and related benefits.

Section 2 (r) of the 2016 Act defines “person with benchmark disability” to mean “a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority”.

Specified disability has been defined in Section 2 (zc) of the 2016 Act to mean the disabilities as specified in the schedule.

Visual impairment which includes low vision is a specified disability as set forth in Clause 1B of the Schedule to the 2016 Act, set out hereinunder:

“B. Visual Impairment-

(a) ‘blindness’ means a condition where a person has any of the following conditions, after best correction-

(i) total absence of sight; or

(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or

(iii) limitation of the field of vision subtending an angle of less than 10 degree

(b) “low-vision” means a condition where a person has any of the following conditions, namely:-

(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or (ii)

limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree.”

Section 32 of the 2016 Act provides as follows:

“32. (1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent seats for persons with benchmark disabilities.

(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education”.

In Exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956, the Medical Council of India (hereinafter referred to as ‘the MCI’) has framed the “Regulations on Graduate Medical Education, 1997 (hereinafter referred to as the Medical Education Regulations.

By an amendment notification No. MCI 34(41)/2017-Med/169873 dated 22^nd January, 2018, the MCI amended the Medical Education Regulations by the Regulations on Graduate Medical Education (Amendment),