SC finds NMC’s eligibility condition of ‘both hands intact’ for disabled candidates ‘antithetical, arbitrary’

Supreme Court deems NMC's discriminatory MBBS eligibility conditions for disabled candidates unconstitutional, orders revision by March 3.

The Supreme Court in a judgment on Friday (February 21, 2025) found the National Medical Commission (NMC)’s eligibility conditions that candidates with disabilities must have “both hands intact, with intact sensation and sufficient strength” for admission to MBBS course arbitrary and antithetical to the Constitution.

“A prescription such as ‘both hands intact’ reeks of ableism and has no place in a statutory regulation. In fact, it has the effect of denuding the rights guaranteed under the Constitution and the Rights of Persons With Disabilities Act and makes a mockery of the principle of reasonable accommodation,” a Bench of Justices B.R. Gavai and K.V. Viswanathan held.

Justice Viswanathan, who authored the judgment, held that the view taken by the NMC breached Article 41 of the Constitution, which guarantees the right to work, education and public assistance, and the principles enshrined in the United Nations Convention on the Rights of Persons with Disabilities.

“It propagates that persons with typical abilities and with faculties similar to what the majority may have or somehow superior,” Justice Viswanathan wrote.

The Bench was hearing the case of a candidate who suffered from 50% locomotor disability and 20% speech and language disability who aspired to be a medical professional. The candidate had cleared the NEET with flying colours. However, an Assessment Board had found him ineligible to be a doctor due to his disability. The Punjab and Haryana High Court had also rejected his plea for relief.

Taking a stern view of how the young man’s dreams were dashed, Justice Viswanathan observed that “flexibility in answering individual needs and requirements is an essential component of reasonable accommodation”.

“There cannot be a one size fits all approach,” Justice Viswanthan observed, confirming the candidate’s admission to Government Medical College, Sirohi, Rajasthan. The court directed the NMC to revise its guidelines and report back on March 3.