SC directs admission of MBBS candidate with disability in AIIMS, says mindset must change

New Delhi | Observing that systemic discrimination against persons with benchmark disabilities should be eliminated, the Supreme Court has directed the allocation of a seat to a candidate with disability who cleared the MBBS entrance exam in 2024.

Reasonable accommodation, enshrined in the Rights of Persons with Disabilities Act, 2016, is not a matter of charity but a fundamental right, a bench of Justices Vikram Nath and Sandeep Mehta said in its order on a plea by Kabir Paharia who has five half-grown fingers and was denied MBBS admission due to his locomotor disability.

The apex court had on April 2 directed his fresh assessment by a medical board constituted by the All India Institute of Medical Sciences. The board concluded that Paharia demonstrated functional adaptation using his existing fingers during different tasks.

Paharia had challenged an order of the Delhi High Court which had rejected his plea.

The top court said the denial of admission to the appellant in the MBBS undergraduate course was grossly illegal, arbitrary and violative of his fundamental rights as guaranteed under Articles 14 and 16 of the Constitution of India.

"Such action not only reflects institutional bias and systemic discrimination but also undermines the principles of equal opportunity and non-discrimination enshrined in our constitutional framework," it said.

Taking note of the medical board's report, the apex court said, "We feel that the 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 apex court said the fundamental rights and the dignity of People with Disabilities (PwD) and Persons with Benchmark Disabilities (PwBD) must be protected by ensuring that assessment of their capabilities is individualised, evidence-based and free from stereotypical assumptions that have no scientific foundation.

Under the 2016 Act, persons with benchmark disabilities are defined as those with a disability of 40 per cent or more as certified by a recognised medical authority.

"The constitutional mandate of substantive equality demands that person with disabilities and Persons with Benchmark Disabilities be afforded reasonable accommodations rather than subjected to exclusionary practices based on unfounded presumptions about their capabilities," the bench said in its May 2 judgement uploaded today.

The apex court noted that the 2024-2025 academic session has progressed significantly and thus it would not be expedient to grant admission to the appellant in the said session.

"We accordingly direct that the appellant shall be allocated a seat in the MBBS UG course 2025 against the Scheduled Castes PwBD quota in the All-India Institute of Medical Science, New Delhi, in the forthcoming academic session," the bench said.

The top court also directed the National Medical Commission to complete the process of revising the guidelines for admission to the MBBS course within two months so that no deserving candidate in the PwBD category is denied admission into the MBBS course in spite of his/her/their entitlement.

Advocates Rahul Bajaj and Amar Jain, both persons with benchmark disability (zero vision), appeared for the petitioner, amicus curiae Gaurav Agarwal and Additional Solicitor General Archana Pathak Dave, appeared for the National Medical Commission.

The court said it must be ensured that systemic discrimination against persons with benchmark disabilities, whether direct or indirect, is eliminated and that the admission process upholds their right to equal opportunity and dignity.

"The constitutional promise of equality is not merely formal but substantive, requiring the State to take affirmative measures to ensure that Persons with Disabilities and PwBD can meaningfully participate in all spheres of life, including professional education.

"We emphasise that reasonable accommodation is not a matter of charity but a fundamental right flowing from Articles 14, 16, and 21 of our 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 bench said.

Paharia had cleared class X with 91.5 per cent and class XII with 90 per cent marks without the help of a scribe to write the exams, and scored 542 out of 720 in NEET.

His disability is described as "congenital absence of multiple fingers in both hands as well as involvement of left foot (2nd and 3rd toe), the extent whereof has been assessed at 42 per cent."