NEW DELHI: Supreme Court on Wednesday ruled that students with speech and language disabilities exceeding 40% should not be denied admission to medical colleges . The Court said that the current rule, which bars students with disabilities above this threshold from pursuing a medical education, requires a broader interpretation to ensure inclusivity .
The ruling came in response to the plea of a student who was denied admission to an MBBS program due to having a disability of 44-45%. "Merely because disability is 44 to 45 percent, should he be denied admission to the MBBS course? We hold that it does not forfeit his right to be considered for admission," Bench of Justices BR Gavai and KV Viswanathan said, according to the Bar and Bench.
The Court said that a narrow application of the law would hinder the integration of differently-abled individuals into mainstream society. It highlighted the importance of examining whether there is an indirect breach of Article 14 of the Indian Constitution, which ensures equality before the law.
"A constitutional court, when considering a plea of discrimination, cannot be carried away by the projection of spatial equality," the Court observed.
"We hold that mere quantification of disability would not debar a candidate from seeking admission and candidate has to be examined specifically. In this case, the medical board report is favorable and thus appeal allowed." the SC bench said.
The Supreme Court also said that it hopes that the National Medical Commission (NMC) would adopt a more inclusive approach by providing reasonable accommodations for students with disabilities.
The ruling came in response to the plea of a student who was denied admission to an MBBS program due to having a disability of 44-45%. "Merely because disability is 44 to 45 percent, should he be denied admission to the MBBS course? We hold that it does not forfeit his right to be considered for admission," Bench of Justices BR Gavai and KV Viswanathan said, according to the Bar and Bench.
The Court said that a narrow application of the law would hinder the integration of differently-abled individuals into mainstream society. It highlighted the importance of examining whether there is an indirect breach of Article 14 of the Indian Constitution, which ensures equality before the law.
"A constitutional court, when considering a plea of discrimination, cannot be carried away by the projection of spatial equality," the Court observed.
"We hold that mere quantification of disability would not debar a candidate from seeking admission and candidate has to be examined specifically. In this case, the medical board report is favorable and thus appeal allowed." the SC bench said.
The Supreme Court also said that it hopes that the National Medical Commission (NMC) would adopt a more inclusive approach by providing reasonable accommodations for students with disabilities.
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