On Tuesday, the Supreme Court ruled that a benchmark permanent disability of 40% does not automatically disqualify a candidate from admission to academic programs. The ruling came in the context of a case involving a candidate with a 45% permanent disability applying for an MBBS course. A bench consisting of Justices B R Gavai, Aravind Kumar, and K V Viswanathan emphasized that a medical assessment board must determine whether the candidate’s disability would hinder their ability to pursue the course.
Key Points of the Ruling
- Eligibility Based on Medical Assessment: The court clarified that quantified disabilities should not disqualify candidates outright. Instead, candidates will be deemed eligible if the Disability Assessment Board believes they can pursue the course despite their disability.
- Documentation of Assessment: The bench mandated that Disability Assessment Boards must explicitly document whether a candidate’s disability will impede their ability to complete the course. If a candidate is deemed ineligible, the board is required to provide justifications for its conclusion.
- Principle of Reasonable Accommodation: Referencing the Rights of Persons with Disabilities (RPwD) Act, 2016, the court stressed the importance of adhering to the principle of reasonable accommodation. This principle ensures that individuals with disabilities have equal rights and opportunities in educational settings.
- Broad Interpretation for Inclusion: The court argued for a broad interpretation of reasonable accommodation to facilitate the full participation of persons with disabilities in society, aligning with the objectives of the RPwD Act and Article 41 of the Directive Principles of State Policy.
Call to Action
The ruling urged government entities, regulatory bodies, and private institutions to actively seek ways to accommodate candidates with disabilities, thereby promoting inclusivity in academic admissions. This landmark decision is a significant step toward ensuring equal educational opportunities for all, regardless of physical limitations.
