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The Supreme Court has upheld the claim of a medical student, wherein he contended that the students with low vision must be admitted in the MBBS course under the category of persons with benchmark disability. It further held that the provisions of the Rights of Persons with Disabilities Act, 2016 which considers low disability as a benchmark disability are binding on the Medical Council of India.
The SC rejected the contention of Medical Council of India, wherein it urged that Section 32 of the 2016 act provides for reservation in case of such disabilities only to higher education institutions and not in technical institutions. The bench highlighted that Section 32 must be read with Medical Educational Regulations which clearly provides that the reservation must be there for persons with disability of low vision in the MBBS course. It was further held that a student of such disability cannot be denied admission if he qualifies on merit basis.
In the present case, a student scored rank 419 in the physically handicapped category. He then, approached the authorities for the issuance of the disability certificate but the same was denied.
It was contended by the petitioners that the provisions of the 2016 Act, include low vision as a disability and thus the bench issued notice to the centre to appropriate the claim of the student as regards to the issuance of disability certificate.
The MCI informed the court that an expert committee had been set up by it, which opined that the students with the visual impairment of 40% or more cannot be admitted to the undergraduate coursed. Due to the inconsistencies in the report, the Court called for an expert opinion wherein, it was observed that the visual disability of the student was within the benchmark of the Disabilities Act but he was not fir to undertake the MBBS course as per the requirements of MCI.
The petitioner objected the same and the MCI submitted that Section 32 of the 2016 Act would not apply to the medical college for MBBS course. The bench held that there arises no dispute on the validity of the regulations which are binding on MCI. It further held that the no amendments have been made in the Act or in the regulations which have been framed so far and therefore Section 32 covers the technical education.
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