New Delhi: The Supreme Court recently granted relief to a medical student with a 70% hearing impairment, allowing her to participate in the NEET PG counselling process.
The student had filed a petition challenging the disability clause in the Post-Graduate Medical Education Regulations, 2023, which disqualifies individuals with a hearing disability of 40% or more from being admitted to postgraduate medical courses. The petition argued that this clause was discriminatory and violated constitutional rights and provisions under the Rights of Persons with Disabilities Act, 2016.
The Supreme Court bench, comprising Justices Vikram Nath and P.B. Varale, issued a notice on the matter and scheduled it for a four-week hearing. The court allowed the petitioner to participate in the counselling process but made it clear that no equity would be created in her favor during this interim phase.
In her petition, the student argued that the disability clause was arbitrary and violated Articles 14, 19(1)(g), and 21 of the Indian Constitution, as well as sections of the RPwD Act. The petitioner had cleared the NEET-UG exam in 2018 and received a provisional allotment letter for the MBBS course. However, despite a provision in the NEET UG 2018 Information Bulletin that reserved 5% of seats for PwD candidates, she was denied admission. This was due to a recommendation from an Expert Committee of the Medical Council of India (MCI), which set the eligibility criteria for auditory disabilities above 40%.
Although the petitioner was initially denied admission, she was eventually allowed to pursue her MBBS degree following a ruling by the Delhi High Court, in accordance with the Supreme Court’s decision in Ashutosh Purswani v. UOI & Ors (2018).
Now that she has completed her MBBS course, the petitioner seeks admission to a PG medical course. However, under Regulation 4.8 of the 2023 PGMER regulations, individuals with a hearing disability of 40% or more are deemed ineligible for PG medical courses unless the disability is reduced below 40% with assistive devices.
Her advocate, Prashant Bhushan, argued that the petitioner should be allowed to pursue an MD course to be eligible for reservation posts for PwD candidates in the medical field. The Supreme Court bench granted her interim relief, permitting her participation in the counselling process while the matter is further examined.
