“The Committee having opined that the petitioner suffers from a benchmark disability, its view with regard to the suitability of the petitioner for the MBBS course cannot override the Medical Education Regulations,” the court said.
In a significant order, the Supreme Court has allowed a person suffering from ‘low vision’, a disability in which the eyesight cannot be corrected or improved, to pursue the MBBS course and treat patients. The top court allowed a student to pursue MBBS on the ground that he has cleared the 2018 National Eligibility cum Entrance Test (NEET-UG) in the category of Persons with Disability. A bench of Justices Arun Mishra and Indira Banerjee held that the petitioner “cannot be denied admission to the MBBS course if he qualifies as per his merit in the category of Persons with Disability.
The court said these arguments appeared fallacious as higher educational institution was a generic term which would include institutions imparting all kinds of higher education, including technical education.
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