C.A. No. 10611/2024

OMKAR VS THE UNION OF INDIA

 A Three Judge Bench of the Supreme Court, based on the report submitted by the Medical Board, granted admission to the Appellant in the MBBS course. The judgment of the Court was authored by Justice Viswanathan.The Supreme Court held that the role of Disability Assessment Boards is not to merely quantify the disability of a candidate but to assess whether they can pursue the course in question. In this regard, the following directions were issued: (i) Disability Assessment Boards must positively record whether the disability would impede the candidate's ability to complete the course. If the Board concludes that a candidate is ineligible, it must provide reasons for its decision; (ii) Pending the creation of an appellate body, the decisions of the Disability Assessment Boards will be subject to judicial review. The courts should refer such cases to any premier medical institute for an independent opinion and decide accordingly.