Reservation: Disabled reservation for mentally ill in government colleges, this order of the Supreme Court can change a lot

The Supreme Court has ordered a review of reservation rules for disabled candidates in medical studies. The court has asked the National Medical Council (NMC) to consider new guidelines for disability assessment and file an affidavit in 8 weeks. The case is related to a petition filed by an MBBS candidate who was denied reservation under the PwD quota due to mental health conditions.

The MBBS aspirant says there is a need to change the way disability is assessed for MBBS admissions for students with mental health conditions.

The case is being heard by a bench of Justice P.S. Narasimha and Justice Pankaj Mittal. The bench has asked the NMC to review its recommendations under the guidelines issued by the Central Government in March 2024 for disability assessment.

Petition for a candidate with mental health issues:

The case arose from a petition filed by a candidate with a mental health condition scoring more than 40 per cent on the Indian Disability Assessment Scale (IDEAS) in 2022. Based on the opinion of the Disability Certification Board, he/she was denied reservation under the PwD quota and admission to the MBBS course due to this condition.

In relation to this petition, the Supreme Court had in May 2023 directed the NMC to constitute an expert panel to examine new methods of assessing disability among students with mental illnesses, specific learning disabilities, and autism spectrum disorders for admission to MBBS.

Following this direction, the NMC constituted an expert committee and set up guidelines for admitting students with specific disabilities under the Rights of Persons with Disabilities Act, 2016.

By September of the same year, the NMC informed the court that persons suffering from mental illnesses would be eligible for undergraduate medical education without any bar. According to the report submitted by the NMC, candidates diagnosed with a mental illness will not be barred from pursuing medical education, provided they secure a competitive rank in the NEET-UG entrance exam.

Subsequently, on March 12 this year, the Ministry of Social Justice and Empowerment notified comprehensive guidelines for assessing specific disabilities, including mental disabilities.

The Ministry of Social Justice and Empowerment, through its Department of Empowerment of Persons with Disabilities (Divyangjan), notified guidelines for assessing the extent of various specified disabilities in individuals.
These disabilities include mobility impairment, visual impairment, chronic neurological disease, and mental illness, although they do not include cases of totally or permanently impaired mental maturity.