LexKABIR PAHARIA versus NATIONAL MEDICAL COMMISSION AND OTHERS
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[2025] 5 S.C.R. 653 : 2025 INSC 623 Kabir Paharia v. National Medical Commission and Others (Civil Appeal No. 5836 of 2025) 02 May 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration Whether the denial of admission to the appellant in the MBBS UG course under Scheduled Castes PwBD quota was grossly illegal, arbitrary and violative of the appellant’s fundamental rights as guaranteed u/Arts.14 and 16 of the Constitution of India. Headnotes† Education – Admission – MBBS UG course – Person with benchmark disabilities – The appellant being a person with benchmark disabilities (PwBD) belongs to the reserved category of Scheduled Caste was denied admission to the MBBS UG course despite standing high in merit in his category owing to his disability – Writ Petition – The High Court relying on the report submitted by the Medical Board concluded that the appellant was ineligible to pursue the medical courses – Correctness: Held: This Court directed to constitute a fresh Medical Board – Appellant was subjected to extensive review assessment by the Medical Board – The report of the Board makes it amply clear that the appellant successfully demonstrated skilled techniques in the simulation laboratory including chest compressions, intravenous cannulation, assembly of a laryngoscope, intubation and suturing – The Medical Board, in its report, observed that the appellant demonstrated the functional adaptation using his existing digits during these tasks – The only minor challenge, which the appellant faced during the entire procedure, was putting on the sterilized standard gloves – This trivial aberration cannot be a ground to deny admission to the appellant in the MBBS UG course – The denial of admission to the appellant in the MBBS UG course was * Author 654 [2025] 5 S.C.R. Supreme Court Reports grossly illegal, arbitrary and violative of the appellant’s fundamental rights as guaranteed u/Arts.14 and 16 of the Constitution of India – The constitutional mandate of substantive equality demands that person with disabilities (PwD) and PwBD be afforded reasonable accommodations rather than subjected to exclusionary practices based on unfounded presumptions about their capabilities – Thus, the appellant to be allocated a seat in the MBBS UG course 2025 against the Scheduled Castes PwBD quota in the AIIMS, New Delhi – The impugned order of the High Court is set aside – Rights of Persons with Disabilities Act, 2016 – Constitution of India – Arts.14 and 16. [Paras 6, 7, 9, 12, 17] Education – Admission – MBBS UG course – Person with benchmark disabilities – Process of revising guidelines – Directions issued: Held: National Medical Commission directed to forthwith and not later than within a period of two months and at any cost before the counselling for the 2025-2026 session commence, complete the process of revising the guidelines in light of judgments of this Court in Om Rathod v. Director General of Health Sciences and Anmol v. Union of India & Ors. [Para 14] Constitution of India – Arts.14 and 16 – Person with disabilities and Person with benchmark disabilities – Meaningful participation – Reasonable accommodation is not a matter of charity but a fundamental right: Held: The constitutional promise of equality is not merely formal but substantive, requiring the State to take affirmative measures to ensure that PwD and PwBD can meaningfully participate in all spheres of life, including professional education – This Court emphasizes that reasonable accommodation is not a matter of charity but a fundamental right flowing from Arts.14, 16, and 21 of Constitution – When administrative authorities create arbitrary barriers that exclude qualified PwBD candidates, they not only violate statutory provisions but also perpetuate the historical injustice and stigmatisation – The fundamental rights and the dignity of PwD and PwBD candidates must be protected by ensuring that assessment of their capabilities is individualised, evidence-based, and free from stereotypical assumptions that have no scientific foundation. [Para 15] [2025] 5 S.C.R. 655 Kabir Paharia v. National Medical Commission and Others Case Law Cited Om Rathod v. Director General of Health Sciences [2024] 10 SCR 2187 : 2024 SCC OnLine SC 4283; Anmol v. Union of India & Ors., 2025 SCC OnLine SC 387 – referred to. List of Acts Rights of Persons with Disabilities Act, 2016; Constitution of India. List of Keywor
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