A significant step towards inclusivity.
Follow us on
Overview
- SC rejects the “both hands intact” criteria applied for MBBS admissions.
2. The decision supports equal opportunities for impaired medical candidates.
3. The court finds the rule discriminatory and requests that the NMC update its rules.
Earlier SC had already passed it’s judgement in favour of candidates with speech and language disorders, with more than 40% disability, cannot be barred from pursuing the MBBS course. Read that news here-
Background of the case –
A NEET UG- 2024 aspirant Anmol secured a rank of 2,462 under PwD Category. Due to NMC guidelines, he was denied admission under the state quote of Punjab and Haryana in Chandigarh’s Government Medical College. His case was dismissed by Punjab and Haryana HC.
A committee of six AIIMS members examined his case, and five deemed him ineligible for MBBS based on competency-based demands. But the sixth member, Dr Satendra Singh, contended that Anmol could finish the course with clinical adjustments and disability aids.
Courts Statement
“It indicates a classification which is overbroad and glorifies ableism. It propagates that persons with typical abilities and with faculties similar to what the majority may have or somehow superior. This is precisely what the directive principles of state policy, the United Nations Convention and the RPwD (Rights of Persons with Disabilities) Act, abhor,” said a bench of justices Bhushan R Gavai and KV Viswanathan.
“A prescription such as ‘both hands intact’ reeks of ableism and has no place in a statutory regulation. It denudes the rights guaranteed under the Constitution and makes a mockery of the principle of reasonable accommodation.”
Specifically, the requirement that someone must have “both hands intact” is an example of this unfairness and discrimination. This kind of requirement violates the rights guaranteed by the Constitution and ignores the need to provide reasonable accommodations for people with disabilities.
The court found that such an exclusionary requirement lacked legal sanctity and was inconsistent with the Rights of Persons with Disabilities (RPwD) Act, 2016, which emphasizes functional assessment rather than blanket disqualifications.
NMC-2019 Guidelines
It mandates that candidates must have both hands intact with intact sensations, with sufficient strength and range of motion.
Rights of Persons with Disabilities (RPwD) Act, 2016
The Act aims to ensure that persons with disabilities enjoy the right to equality, life with dignity, and respect for their integrity equally with others.
The Act mandates inclusive education and non-discrimination in employment. It also requires the appointment of a Grievance Redressal Officer in institutions to address issues faced by persons with disabilities.
Further Steps
The court also said that the five-member panel had failed to clarify how Anmol was evaluated or why he was not found fit. The case has been listed to be heard on March 3, 2025, to consider whether the NMC has updated its guidelines.
The Medical Bulletin
Leave a Reply