OMKAR RAMCHANDRA GOND versus THE UNION OF INDIA & ORS.

Citation: [2024] 10 S.C.R. 673 · Decided: 15-10-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

[2024] 10 S.C.R. 673 : 2024 INSC 775
Omkar Ramchandra Gond  
v. 
The Union of India & Ors. 
(Civil Appeal No. 10611 of 2024)
15 October 2024
[B.R. Gavai, Aravind Kumar and K.V. Viswanathan,* JJ.]
Issue for Consideration
Whether the appellant should be disqualified from obtaining 
admission under the PwD category for the MBBS Course merely 
because his disability is quantified at 44% /45%.
Headnotes†
Rights of Persons with Disabilities Act, 2016 – MBBS 
course  – Admission for academic year 2024-25 – PwD 
category – Appellant has speech and language disability and 
is diagnosed with Hypernasality with Misarticulation IN K/C/O 
Repaired Bilateral CLEFT of palate – Appellant appeared for 
the NEET (UG) 2024 and qualified the same – As required, 
appellant underwent medical examination – The Designated 
Disability Certification Centre certified that the appellant has 
physical disability of speech and language of 44% (in some 
reports, it was mentioned as 45%) and recorded that based 
on quantification of disability, the appellant was not eligible 
to pursue the medical course as per NMC norms – Propriety:
Held: The Appendix H-I in the notification of 13.05.2019, issued by 
the Medical Council of India provides a peculiar scenario – While 
people with less than 40% disability are not eligible for PwD quota, 
though they can pursue the Medical Course, persons with equal 
to or more than 40% disability are not eligible for the medical 
course – In any event, adopting a purposive interpretation of the 
RPwD Act, this Court is of the opinion that merely because of the 
quantification of the disability for speech and language at 40% or 
above, a candidate does not forfeit his right to stake a claim for 
admission to course of their choice – Appendix H-1 cannot be 
interpreted to mean that merely because on the quantification of 
the disability percentage exceeding the prescribed limits, a person 
* Author
674
[2024] 10 S.C.R.
Digital Supreme Court Reports
automatically becomes ineligible for the medical course – The 
concept of reasonable accommodation would encompass within 
itself the deployment of a purposive and meaningful construction 
of the NMC Regulations of 13.05.2019 read with the Appendix H-1 
guidelines in a manner as to further the objectives of the RPwD 
Act – While interpreting the Regulations and Guidelines, as provided 
in Appendix H-1 to the notification dated 13.05.2019, as they 
stood for the academic year 2024-25, keeping in mind the salutary 
object of the RPwD Act and Article 41 of the Directive Principles 
of State Policy, it is directed that mere existence of benchmark 
disability of 40% or above (or such other prescribed percentages 
depending on the disability) will not disqualify a candidate from 
being eligible for the course applied for – The Disability Assessment 
Boards assessing the candidates should positively record whether 
the disability of the candidate will or will not come in the way of 
the candidate pursuing the course in question – The directions 
of this Court in Bambhaniya case was carried forward and the 
Government of India through the Ministry of Social Justice and 
Empowerment issued a communication dated 25.01.2024 to the 
National Medical Commission – The Disability Assessment Boards 
will, pending formulation of appropriate Regulations by the NMC, 
pursuant to the communication of 25.01.2024 by the Ministry 
of Social Justice and Empowerment, keep in mind the salutary 
points mentioned in the said communication while forming their 
opinion – In the instant case, pursuance to the order of this Court, 
a report dated 13.09.2024 was prepared and the Medical Board 
has opined that the Appellant’s speech and language disability 
would not come in the way of the appellant pursuing the MBBS 
Course – Therefore, in view of the favorable report, admission is 
granted to the appellant – The admission of appellant is confirmed 
and the concerned authorities are directed to treat the admission as 
a valid admission in the eye of law. [Paras 12, 20, 21, 23, 48, 53(v)]
Rights of Persons with Disabilities Act, 2016 – MBBS course – 
Admission for academic year 2024-25 – PwD category – 
Whether quantified disability per se will disentitle a candidate 
with benchmark disability from being considered for admission 
to educational institutions:
Held: The quantified disability per se will not disentitle a candidate 
with benchmark disability from being considered for admission 
to educational i

Excerpt shown. Read the full judgment & AI analysis in Lexace.