The Supreme Court of India has ruled that the mere existence of a benchmark disability will not disqualify a candidate from being eligible for the course they applied for. This judgment provided relief to a candidate with speech and language disabilities seeking admission to a medical course.
Key Highlights of the Judgment:
- Eligibility Affirmed: The court emphasized that candidates with a benchmark disability of 40% or above are not automatically disqualified from pursuing their chosen courses.
- Detailed Judgment: The ruling was part of a detailed judgment following the court’s earlier order on September 18, which directed that a seat be kept vacant for the candidate pending a favorable report from Maulana Azad Medical College.
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- Disability Assessment Boards: The court instructed that Disability Assessment Boards must evaluate whether a candidate’s disability will impact their ability to pursue the course and provide reasons for any negative assessments.
- Judicial Review Process: Decisions made by the Disability Assessment Boards that are unfavorable to candidates can be challenged through judicial review, pending the establishment of an appellate body.
- Inclusivity and Equity: The court underscored the importance of treating candidates with disabilities equitably, aligning with the objectives of the Rights of Persons with Disabilities (RPwD) Act, which aims to ensure full participation and inclusion in society.
- Inspirational Examples: The judgment referenced accomplished individuals with disabilities, illustrating the potential for success despite challenges.
- Future Regulations: The court called for the formulation of appropriate regulations by the National Medical Commission (NMC) concerning the assessment of candidates with disabilities.
The Supreme Court’s ruling aims to promote inclusivity and protect the rights of candidates with disabilities in higher education, ensuring they have equal opportunities to pursue their aspirations.
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