The Supreme Court recently ordered that a candidate with 68 percent locomotor disability be allowed admission to MBBS course for the upcoming academic year based on his National Eligibility cum Entrance Test (NEET) rank for the year 2024-25. .A Bench of Justices Vikram Nath and Sandeep Mehta ordered that the candidate Kabir Paharia be exempt from NEET UG 2025 exam and be granted a medical admission seat for 2025-26 session since he lost a year owing to struggles of litigation when he was declared unfit to pursue MBBS despite holding an all India rank of 147946 in NEET UG 2024..Paharia, a candidate with 5 half-grown fingers, was denied MBBS admission due to his locomotor disability. His Scheduled Caste category rank was 7252 and his rank in the category of persons with benchmark disabilities (PwBD) was 176.After he approached the Delhi High Court, both single and division benches dismissed his petition citing three medical examination reports finding him unsuitable to pursue a career in medicine. .However, the Supreme Court relied on a fourth medical examination report which was conducted after a direction from the top court.The Court noted that as per the report, Paharia successfully demonstrated skilled techniques in the simulation laboratory including chest compressions, intravenous cannulation, assembly of a laryngoscope, intubation and suturing."The only minor challenge, which the appellant faced during the entire procedure, was putting on the sterilized standard gloves," the Bench noted..Such a trivial aberration cannot be a ground to deny admission to the candidate, the Court said."Mindset must change and this trivial aberration, by no stretch of imagination, can be a ground to deny admission to the appellant in the MBBS UG course, when he is otherwise qualified and scored exceeding high rank in the NEET-UG 2024," the Bench opined. .It underscored that constitutional promise of equality is not merely formal but substantive and requires the State to take affirmative measures to ensure that persons with disabilities (PWD) and persons with benchmark disabilities (PwBD) can meaningfully participate in all spheres of life, including professional education. "We emphasize that reasonable accommodation is not a matter of charity but a fundamental right flowing from Articles 14, 16, and 21 of our Constitution," the Court stated..The top court highlighted that 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," the Court emphasised..The Court also directed the National Medical Commission to revise its guidelines within two months so that deserving candidates from the PwBD category are not denied admission to MBBS course. .Advocate Rahul Bajaj appeared for the petitioner. Additional Solicitor General Archana Pathak Dave appeared for respondent..[Read Judgment]
