benchmark disability reservation MBBS
low vision medical admission rights
Rights of Persons with Disabilities Act 2016 judgment
MBBS admission for disabled students India
Supreme Court on low vision reservation
Article 14 and 15 disability right
Case Summary: Purswani Ashutosh (Minor) v. Union of India & Ors.
Citation: (2019) 14 SCC 422 | AIR 2018 SC 3999
Date of Decision: 24 August 2018
Court: Supreme Court of India
Bench: Justice Arun Mishra, Justice Indira Banerjee
Case No: Writ Petition (C) No. 669 of 2018
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2363182
Law Points Raised:
- Whether a person with benchmark disability of low vision is entitled to reservation in MBBS admissions under the Rights of Persons with Disabilities Act, 2016.
- Interpretation of Section 2(r), Section 2(zc), and Section 32 of the 2016 Act.
- Applicability and binding nature of the Medical Council of India (MCI) regulations under Section 33 of the Indian Medical Council Act, 1956.
Ratio Decidendi:
- The Constitution guarantees equality and non-discrimination under Articles 14 and 15, which includes equal opportunity for persons with disabilities in education.
- Section 32(1) of the 2016 Act mandates 5% reservation in Government and aided institutions for persons with benchmark disabilities.
- Low vision falls under the category of benchmark disability as per Clause 1B of the Schedule to the 2016 Act.
- The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India, affirms dignity, equality, and inclusion.
- The MCI cannot override the statutory mandate of the 2016 Act through its own Regulations on Graduate Medical Education, 1997, if such regulations exclude persons with benchmark disabilities from medical courses.
Final Ruling:
The Supreme Court upheld the right of persons with low vision to seek admission in MBBS courses under the 5% reservation mandated by Section 32 of the Rights of Persons with Disabilities Act, 2016. The Court emphasized that no blanket exclusion of persons with low vision is permissible unless based on individual medical assessment. The petition was disposed of with directions to comply with the constitutional and statutory mandate.
Key Paragraph References:
- ¶ 1–3 – Legal question framed and background of the 2016 Act
- ¶ 4–6 – UNCRPD principles and India’s ratification
- ¶ 8–10 – Definition and scope of “benchmark disability” and “low vision”
- ¶ 13–15 – Conflict with MCI Regulations and overriding effect of 2016 Act
- Final Directions – Confirming reservation right and setting aside exclusion