MBBS Course – PwD quota – Eligibility of Student disability for admission
By the certificate dated 6.8.2024, the disability of the petitioner was found exceeding 40% and therefore, not eligible for admission to MBBS course. This was challenged in the writ petition.
A candidate of speech and hearing disability exceeding 40% or more is not eligible for MBBS admission as per the Notifications dated 5.2.2019 and 13.5.2019 of the Medical Council of India. However, a candidate with less than 40% disability is eligible to pursue medical course but is not eligible for PwD reservation.
The benchmark disability of 40% for medicine course was challenged as arbitrary and without any scientific basis.
The petitioner was referred to the NEET Disability Certification Medical Board of AIIMS Nagpur for assessment of functional competence to pursue medical course.
However, the said Medical Board issued the certificate that the petitioner is eligible to pursue MBBS course but was not eligible for PwD reservation based on quantification.
HELD that the assessment of functional competence of the petitioner governs the matter of admission to the MBBS course. In other words, on the basis of quantification of the petitioner’s disability vide Certificate dated 6.8.2024 coupled with the assessment of functional competence as opined by DCMB, the petitioner would be entitled to pursue medical education by seeking benefit of PwD reservation.
Judgment dated 21.2.2025 of the Division Bench of the High Court of Bombay in Writ Petition No.13072 of 2024 (AS) of Suyash Suryakant Patil Vs. National Medical Commission and others
