SC allows NEET qualified ‘visually challenged’ to be examined for disability

The Supreme Court on Friday gave permission to a visually challenged student who cleared the National Eligibility Entrance Test (NEET) to be medically examined but reserved its apprehension on whether persons with blindness or visual disability could be permitted to join the medical profession.

The minor student from Gujarat knocked the doors of the apex court after a Medical Board constituted by the Gujarat Government refused to examine his disability and certify him suitable for undertaking the undergraduate medical course.

The student represented by senior advocate Sanjay Hegde submitted that though his “low vision” disorder is a benchmark disability under the Right of Persons with Disabilities Act 2016, the Medical Board certifies persons only with locomotive disability to take MBBS course under the disabled category.

With an All-India rank of 468982 and a Category rank under Physically Handicapped (PH) of 419, the boy in his petition filed by advocate Govind Jee stated that he stands a fair chance of getting admission for which he required a medical certificate from the Medical Board constituted by Gujarat Government at BJ Medical College, Ahmedabad, or Vardhman Mahavir Medical College, Delhi constituted by Central Government.

The Vacation Bench of Justices UU Lalit and Deepak Gupta allowed the petitioner to appear before the Medical Board at BJ Medical College within three days.

The Board will report on the extent of disability and his suitability to take up the course and submit its findings to the Supreme Court Registry before the next hearing of the case on July 3.

Though granting relief to the petitioner, the bench raised doubts over permitting a visually disabled person to become a doctor. In January this year the Court had allowed a thalassemic patient to be considered for medical education under the disabled category. But this was different, observed the bench. “In MBBS, you need to do clinical diagnosis based on the colour of skin, colour of tongue. We do not doubt your visual level but if this is to be accepted, even a blind person can become a doctor,” the bench told the petitioner.

One of the judges sitting on the bench recalled his brief stint with a blind intern who went on to become a Rhodes Scholar. Also, he was reminded of his law professor who despite being blind, commanded immense respect in college for his excellent grip of his subject.

Justice Lalit said, “It is a good step that the blind be given opportunities but someone has to accept it as a principle…We have our doubts about a visually disabled person entering into medical profession.”