NEW DELHI: The Supreme Court recently directed an expert committee, constituted by members of the National Medical Council (NMC), to review its recommendations in light of the Centre’s March 2024 notification prescribing guidelines for assessing specified disabilities.
The Supreme Court’s order comes after a plea by an MBBS aspirant who challenged the denial of reservation under the Persons With Disabilities (PwD) quota due to a mental health condition.The court order was passed by a bench comprising Justices PS Narasimha and Pankaj Mithal, which called for an affidavit from the NMC within the next eight weeks.
The plea was filed in 2022 by an aspirant diagnosed with a mental health condition exceeding 40 per cent on the Indian Disability Evaluation Assessment Scale (IDEAS). This condition resulted in the denial of the PwD quota reservation and admission to a medical course based on a disability certification board’s opinion.
Supreme Court’s initial directive to NMC
In connection with this plea, the Supreme Court, in May 2023, directed the NMC to form an expert panel to explore new methods for assessing disabilities in students with mental illnesses, special learning disorders, and autism spectrum disorders for MBBS admissions. Following this directive, the NMC constituted an expert committee and established guidelines for admitting students with specific disabilities under the Rights of Persons with Disabilities Act, 2016.
By September that year, the NMC informed the court that individuals diagnosed with mental illnesses would be eligible for undergraduate medical education without any restrictions.
According to the report submitted by the NMC, candidates with mental illness diagnosed would not be barred from pursuing medical education, provided they secured a competitive rank in the NEET-UG entrance examination. Subsequently, on March 12 of this year, the Ministry of Social Justice and Empowerment issued a notification prescribing comprehensive guidelines for assessing specified disabilities, including mental disabilities.
Existing guidelines for MBBS admissions for mentally ill candidates
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 locomotor disability, visual impairment, chronic neurological disorder, and mental illness.
According to Chapter 5 of the assessment guidelines released in March 2024, “Mental Illness” is defined as a substantial disorder of thinking, mood, perception, orientation, or memory that significantly impairs judgement, behaviour, capacity to recognise reality, or ability to meet the ordinary demands of life. However, it explicitly excludes mental retardation, which is characterised by below average intelligence due to arrested or incomplete development of the mind.
Diagnosis process for mental disabilities
The diagnosis of mental disabilities involves a comprehensive examination process, including clinical assessments, the IDEAS scale, and, if necessary, IQ assessments.
The Indian Disability Evaluation and Assessment Scale (IDEAS) is used for evaluating mental illness. In cases where there is suspicion of intellectual deficits or additional intellectual evaluation is needed, a standardised IQ test is conducted following prescribed standards in the Intellectual Disability Guidelines.
If a person is diagnosed with both intellectual disability and mental illness, they may be classified as having multiple disabilities, and a corresponding certificate is issued by the responsible Medical Board. The duration of the mental illness is determined from its onset, with a minimum of two years required to certify permanent disability.
SC’s current directive and petitioner’s concerns
The Supreme Court has now instructed the NMC’s Expert Committee to review its opinion and submit an affidavit within eight weeks. The petitioner, an MBBS aspirant, raised concerns about the assessment of disabilities for individuals with intellectual disabilities, including Specific Learning Disability (SLD) and Autism Spectrum Disorders (ASD). The petition highlights the need for equitable access to medical education for all aspiring students, regardless of their disabilities.
During previous hearings, Advocate Gaurav Kumar Bansal, representing the petitioner, argued that several countries allow individuals with mental health disorders to pursue medical education and provide them with the benefits of affirmative action, reported LiveLaw.
The Supreme Court’s order comes after a plea by an MBBS aspirant who challenged the denial of reservation under the Persons With Disabilities (PwD) quota due to a mental health condition.The court order was passed by a bench comprising Justices PS Narasimha and Pankaj Mithal, which called for an affidavit from the NMC within the next eight weeks.
The plea was filed in 2022 by an aspirant diagnosed with a mental health condition exceeding 40 per cent on the Indian Disability Evaluation Assessment Scale (IDEAS). This condition resulted in the denial of the PwD quota reservation and admission to a medical course based on a disability certification board’s opinion.
Supreme Court’s initial directive to NMC
In connection with this plea, the Supreme Court, in May 2023, directed the NMC to form an expert panel to explore new methods for assessing disabilities in students with mental illnesses, special learning disorders, and autism spectrum disorders for MBBS admissions. Following this directive, the NMC constituted an expert committee and established guidelines for admitting students with specific disabilities under the Rights of Persons with Disabilities Act, 2016.
By September that year, the NMC informed the court that individuals diagnosed with mental illnesses would be eligible for undergraduate medical education without any restrictions.
According to the report submitted by the NMC, candidates with mental illness diagnosed would not be barred from pursuing medical education, provided they secured a competitive rank in the NEET-UG entrance examination. Subsequently, on March 12 of this year, the Ministry of Social Justice and Empowerment issued a notification prescribing comprehensive guidelines for assessing specified disabilities, including mental disabilities.
Existing guidelines for MBBS admissions for mentally ill candidates
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 locomotor disability, visual impairment, chronic neurological disorder, and mental illness.
According to Chapter 5 of the assessment guidelines released in March 2024, “Mental Illness” is defined as a substantial disorder of thinking, mood, perception, orientation, or memory that significantly impairs judgement, behaviour, capacity to recognise reality, or ability to meet the ordinary demands of life. However, it explicitly excludes mental retardation, which is characterised by below average intelligence due to arrested or incomplete development of the mind.
Diagnosis process for mental disabilities
The diagnosis of mental disabilities involves a comprehensive examination process, including clinical assessments, the IDEAS scale, and, if necessary, IQ assessments.
The Indian Disability Evaluation and Assessment Scale (IDEAS) is used for evaluating mental illness. In cases where there is suspicion of intellectual deficits or additional intellectual evaluation is needed, a standardised IQ test is conducted following prescribed standards in the Intellectual Disability Guidelines.
If a person is diagnosed with both intellectual disability and mental illness, they may be classified as having multiple disabilities, and a corresponding certificate is issued by the responsible Medical Board. The duration of the mental illness is determined from its onset, with a minimum of two years required to certify permanent disability.
SC’s current directive and petitioner’s concerns
The Supreme Court has now instructed the NMC’s Expert Committee to review its opinion and submit an affidavit within eight weeks. The petitioner, an MBBS aspirant, raised concerns about the assessment of disabilities for individuals with intellectual disabilities, including Specific Learning Disability (SLD) and Autism Spectrum Disorders (ASD). The petition highlights the need for equitable access to medical education for all aspiring students, regardless of their disabilities.
During previous hearings, Advocate Gaurav Kumar Bansal, representing the petitioner, argued that several countries allow individuals with mental health disorders to pursue medical education and provide them with the benefits of affirmative action, reported LiveLaw.
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