Court Criticizes Lack of Reasoned Findings by Medical Board and Orders Continuation of MBBS Course for Disabled Candidate
In a landmark judgment, the Rajasthan High Court has directed the continuation of an MBBS student, Mukul Vairagi, under the Persons with Benchmark Disabilities (PwBD) category, after finding deficiencies in the assessment of his eligibility by the Medical Board. The court emphasized the necessity for detailed reasoning and individualized assessments in determining the eligibility of candidates with disabilities for medical courses.
Presided over by Dr. Nupur Bhati, J., the court scrutinized the procedures followed by the Disability Assessment Board, which had previously declared Vairagi ineligible due to a congenital deformity of the left upper limb. Despite the petitioner scoring 268 out of 720 in the NEET UG 2023 and obtaining a 66% locomotor disability certificate, he was barred from counseling for the MBBS course. Vairagi argued that his dominant right hand was fully functional, and the restrictive note in his disability certificate was unjust.
The court found that the Board's assessment lacked specific reasons and did not adhere to the principles established by the Supreme Court in the cases of Omkar Ramchandra Gond and Anmol. These judgments mandate that Disability Assessment Boards must determine whether a candidate's disability would impede their ability to pursue a course and require them to provide detailed reasons for any negative conclusion.
The High Court criticized the Medical Board's report for failing to identify specific functional competencies that Vairagi could not perform and for not considering whether assistive devices or adaptive techniques could mitigate his limitations. The court also highlighted the lack of assessment of the functional competency of Vairagi's dominant right hand, which was crucial given his left-hand disability.
The judgment underscored the importance of considering modern scientific tools and devices in assessing candidates with disabilities, as per the guidelines issued by the National Medical Commission. Furthermore, the absence of disability rights experts on the assessment board was noted as a significant omission.
In light of these findings, the court set aside the Medical Board's report declaring Vairagi ineligible and ordered the respondents to allow him to continue his MBBS course. This decision reinforces the legal obligation to provide a fair and comprehensive assessment for candidates with disabilities, ensuring their rights under the Rights of Persons with Disabilities Act, 2016, are upheld.
Bottom Line :
Persons with Disabilities - Assessment of functional competency for medical courses must comply with the principles laid down by the Supreme Court, ensuring reasoned findings, consideration of assistive devices, and individualized assessment.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016
Mukul Vairagi v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2964202
