NEW DELHI: Mere existence of a benchmark disability of 40% does not bar an aspirant from pursuing medical education unless an expert report suggests otherwise, the Supreme Court held on Tuesday.
A three-judge bench led by Justice BR Gavai, and comprising Justices Aravind Kumar and KV Viswanathan, pronounced the order on the plea of Omkar, a student, challenging the Graduate Medical Education Regulation of 1997 that bars a person with equal or more than 40% disability from pursuing MBBS.
The court allowed Omkar to take admission in MBBS course after the medical board opined that he can pursue medical education without any impediment.
The top court stated that the capacity of a candidate suffering from disability to pursue the MBBS course has to be examined by the disability assessment board.