The Supreme Court (SC) has recently ordered the National Medical Council (NMC) to put up a panel of field professionals in order to examine a request for developing methods of disability assessment of students with mental conditions, special learning disorders- (SLD), and autism spectrum disorder- (ASD) for providing quota in admission to MBBS programme.

The Supreme Court’s order came on a petition by Vishal Gupta, who was rejected reservation in admission to an MBBS programme under the Rights of Persons with Disabilities Act on the basis that his mental disability was 55% rendering him ineligible for securing entrance in a medical college.

Under the Rights of Persons with Disabilities Act, if the certifying authority affirms that the disability of a person is not less than 40%, then they are said to have the benchmark disability. In that situation, the candidate cannot get the reservation for admission.

The bench took note of the request by the counsel for the NMC that a committee was formed to scrutinize the regulations on graduate medical education, and the issue was now at an advanced stage of consideration and decision-making. It stated that the resentment of the MBBS aspirant pertained to the assessment of disability about individuals having particular intellectual disabilities like SLD and ASD.

On May 18, 2023, the apex court ordered that we, therefore, direct the NMC to treat the grievance of the petitioner in these proceedings as a representation and to view the grievance at a suitable level while negotiating with the regulations on graduate medical education. The court shall be notified of the decision taken, and a status report of the result shall be filed, it ordered and listed Gupta's request for further hearing on July 17, 2023.

In his petition, Vishal Gupta said his mental illness disability, according to the certificate issued by Lady Hardinge Medical College and Associated Hospitals, was 55%, and he was being distinguished against. The authorities were rejecting Vishal Gupta the opportunity to seek the MBBS course because his mental illness is more than 40%, and they were also not delivering him the advantage of quota available to individuals with disabilities under the law to MBBS candidates like him, the petition said.