Apex Court Directs NMC To Review Expert Committee's Guidelines On Disability Quotas For MBBS Admissions
The Supreme Court has directed the National Medical Council (NMC) to review the recommendations of its Expert Committee regarding the reservation for Persons with Disabilities (PwD) in MBBS admissions.
The Court gave the directions while hearing a Writ Petition filed by an MBBS aspirant who was denied reservation under the PwD quota due to a mental health condition.
The Bench of Justice PS Narasimha and Justice Pankaj Mithal ordered, "We are of the opinion that it is necessary for the Expert Committee to review their opinion on the basis of the notification dated 12.03.2024. An affidavit to this effect shall be filed by the National Medical Commission within a period of eight weeks."
During the hearing, Advocate Gaurav Kumar Bansal appeared for the Petitioner, Senior Advocate Gaurav Sharma appeared for the NMC and ASG Aishwarya Bhati appeared for the Union of India.
The Court noted that the Expert Committee constituted by the NMC gave a report on July 14, 2023. "It is also brought to our notice that the Ministry of Social Justice and Empowerment’s notification dated 04.01.2018 has been superseded by a subsequent notification dated 12.03.2024. We are also informed by the learned Additional Solicitor General that the notification dated 12.03.2024 is comprehensive in nature and also prescribes the guidelines for assessment of specified disabilities including the mental disability," the Bench noted.
However, following the issuance of comprehensive guidelines by the Ministry of Social Justice and Empowerment on March 12, 2024, for assessing specified disabilities, including mental disabilities, the Apex Court has now directed the NMC's Expert Committee to revisit its recommendations. Accordingly, the Court scheduled the matter for hearing after eight weeks.
Previously, in May 2023, directed the NMC to form an Expert Committee to explore new approaches for assessing disabilities in students with mental illnesses, SLD, and ASD for MBBS admission quotas. The committee subsequently laid down certain guidelines under the Rights of Persons with Disabilities Act, 2016, concerning admission to MBBS courses.
In September 2023, the NMC had informed the Court that individuals diagnosed with mental illnesses would be eligible for undergraduate medical education without any restrictions, provided they achieved a competitive ranking in the NEET-UG entrance exam.
Gupta, in his petition, said his mental illness disability, as per the certificate issued by Lady Hardinge Medical College and Associated Hospitals, was 55 percent and he was being discriminated against.
The authorities were denying Gupta the opportunity to pursue the medical science course because his mental illness is more than 40 percent and they were also not providing him the benefit of quota, available to persons with disabilities under the law, to MBBS aspirants like him, the plea said.
"It is respectfully submitted that as per Section 32 of the Rights of Persons with Disabilities Act, 2016 the Respondents are duty bound to provide at least 5% reservation to the persons with benchmark disabilities and in accordance with the same National Medical Commission is providing PwD Quota to the MBBS Aspirants having benchmark disabilities," it said. It also sought the issuance of a direction against the Centre and others, including the NMC, to allow Gupta, having a benchmark disability, to pursue the Medical Science Course under PwD Quota.
"Issue a writ / order / direction in the nature of mandamus against Respondents and in particular against National Medical Commission to develop the modes / methods of disability assessment of MBBS Aspirants having Mental illness and as such declare them eligible for PwD Quota," it said.
Cause Title: Vishal Gupta v. Union of India & Ors.
Appearance:-
Petitioner: Advocates Gaurav Kumar Bansal, Vishnu Gupta, Nandani Bansal, Shomila Bakshi (AOR)
Respondent: ASG Aishwarya Bhati, Advocates Ruchi Kohli, Vatsal Joshi, Ruchi Gour Narula, Ishaan Sharma, Vedansh Anand, Navanjay Mahapatra, Noor Rampal, Dr. N. Visakamurthy (AOR), Senior Advocate Gaurav Sharma, Advocates Dhawal Mohan, Prateek Bhatia (AOR), Paranjay Tripathi
Click here to read/download the Order
