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Supreme Court of India 2024-10-15 allowed

Omkar Ramchandra Gond vs The Union of India & Ors

Bench: 3 — B.R. Gavai, Aravind Kumar, K.V. Viswanathan

In Brief

The Supreme Court held that a candidate with a quantified disability at 40% or above should not be automatically disqualified from pursuing medical courses under the PwD category. While benchmark disability is 40% or more, the mere percentage itself does not disqualify. Disability Assessment Boards must examine whether the candidate can functionally pursue the course despite the disability, considering modern aids and assistive devices. The 'one-size-fits-all' percentage-based bar violates Article 14 and the Rights of Persons with Disabilities Act. Boards must record individualized opinions stating whether disability impedes course pursuit. The Court admitted the appellant, a student with speech and language disability, directing authorities to treat the admission as valid.

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Constitutional Law - Right to Education Disability Rights Medical Education - Admissions Rights of Persons with Disabilities Act, 2016 Equal Protection - Article 14 Reasonable Accommodation NEET - Medical Entrance Examination Administrative Law - Regulatory Bodies Inclusive Education Discrimination - Indirect

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