SUYASH SURYAKANT PATIL Vs. NATIONAL MEDICAL COMMISSION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The petitioner who suffers from multiple disabilities to the extent of 58% and speech disability exceeding 40% as per Certificate of Disability dtd. 6/8/2024 has approached this Court seeking a declaration as regards his eligibility to pursue the MBBS course. The petitioner appeared in the National Eligibility cum Entrance Test, Under Graduate-NEET UG, 2024 that was held on 23/6/2024. A candidate suffering from a speech and hearing disability exceeding 40% is not considered eligible to pursue the MBBS course as per the Gazette Notification dtd. 5/2/2019 published by the Medical Council of India as amended on 13/5/2019. The petitioner on 15/8/2024 made a representation to the first respondent- the National Medical Commission (for short, 'NMC') stating therein that the benchmark disability of 40% and below for pursuing medicine was arbitrary and without any scientific basis. The petitioner made a request to re-consider his disqualification to enable him to pursue the MBBS course. In the absence of any response to the same, the petitioner has filed this writ petition.

(3.) On 18/9/2024, after hearing the learned counsel for the petitioner a direction was issued to the NMC as well as the fourth respondent- the Ministry of Health and Family Welfare through its Secretary to consider in the petitioner's representation dtd. 15/8/2024 and file an affidavit in that regard. On 9/10/2024, the petitioner was examined by a three Member Committee constituted at the Grant Medical College and Sir J. J. Group of Hospitals, Mumbai being an authorized center for evaluation and issuance of disability certificates. It was stated that the petitioner was examined on 5/8/2024 and as per the Notification dtd. 5/2/2019 as well as the NEET UG-2024 Information Bulletin dtd. 15/2/2019 as the speech and language disability of the petitioner was more than 40%, the Committee was of the opinion that the petitioner was not eligible to pursue the medical course.