Supreme Court Asks Medical Board To Examine If Candidate With speedy Disability Can Complete Medical Education Course: MBBS

The Supreme Court in the case Omkar v. Union of India & Ors observed and has directed the constitution of a medical board by the Dean, Byramjee Jeejeebhoy Government Medical College, Pune to examine whether a student who is suffering from speech and language disability beyond 40% would be eligible for admission to MBBS Course.

The bench comprising of Justice BR Gavai and Justice KV Vishwanathan was hearing the present matter.

The bench in the case was hearing a challenge against the order of the Bombay High Court, wherein the court denied interim relief against the cancellation of the admission to the MBBS Course.

The petitioner in the plea challenged the ‘Graduate Medical Education Regulation, 1997’ framed by the Medical Council of India holding that persons with equal to or more than 40% disability in the case would not be eligible to pursue MBBS course.

The petitioner contended that the regulations were contrary to Section 32 of the Right of Persons with Disabilities Act, 2016 and sought a declaration that such regulations were ultra-vires of Article 14, Article 15, Article 19(1)(g), Article 21 and Article 29(2) of the Constitution of India.

The petitioner in the plea submitted that his admission seat had been cancelled as he suffered from speech and language impairment of 44-45%.