On October 15, 2024, the Supreme Court issued an imperative administering within the case of Omkar Ramchandra Gond vs. Union of India & Ors., which tended to issues with the qualification of individuals with incapacities (PwD) for restorative courses. The appealing party, Omkar Ramchandra Gond, who contains a discourse and dialect incapacity, was denied affirmation to the MBBS program in spite of qualifying for the National Eligibility and Entrance Test (NEET-UG) within the PwD and Other Backward Classes (OBC) categories. His impairment, estimated at 44%-45%, was found to be above the threshold, preventing him from following the medical course in accordance with the National Medical Commission's recommendations.
Gond challenged this decision, arguing that merely crossing the 40% disability threshold should not automatically disqualify him from admission, especially when his condition would not impede his ability to pursue the course. The Bombay High Court initially deferred the matter without granting interim relief, leading Gond to approach the Supreme Court.
The Supreme Court, in its interim order, directed that Gond’s seat be kept vacant while the Maulana Azad Medical College assessed whether his disability would affect his ability to pursue medical education. The medical board concluded that Gond's speech and language disability would not prevent him from completing the course. Based on this finding, the Court ruled in favor of Gond, giving him confirmation.
The judgment emphasized the significance of "sensible convenience" beneath the Rights of People with Incapacities (RPwD) Act, 2016. The Court held that a unbending application of incapacity rules, which preclude candidates based exclusively on numerical limits, damages the standards of uniformity and non-discrimination. The NMC was coordinated to reevaluate its controls, guaranteeing that candidates are assessed based on their utilitarian capacities instead of unimportant rates of incapacity.
Click Here to: Download/View Related File
TAGS: Supreme Court Omkar Ramchandra Gond MBBS admission PwD disability rights NEET National Medical Commission reasonable accommodation RPwD Act disability guidelines medical education
