The Supreme Court has issued notice on a petition challenging Regulation 4.8 of the Post-Graduate Medical Education Regulations, 2023, which deems individuals with hearing disabilities of 40% or more ineligible for admission to PG medical courses unless their hearing loss is reduced to less than 40% with assistive devices. The petition, filed by Tina Sharma, a medical student with 70% hearing impairment, argues that this provision is discriminatory and violates constitutional rights under Articles 14, 19(1)(g), and 21, as well as the Rights of Persons with Disabilities Act, 2016.
The petitioner recounted her earlier legal struggles to gain admission to the MBBS course after being denied admission based on her hearing disability. Following intervention by the Supreme Court in Ashutosh Purswani v. UOI & Ors (2018), she was granted admission under the 5% reservation for persons with benchmark disabilities. Having successfully completed her MBBS degree, she now seeks to pursue postgraduate studies but faces exclusion due to the newly introduced eligibility criteria in the 2023 regulations.
Represented by Advocate Prashant Bhushan, the petitioner argued that the clause is arbitrary and contrary to the inclusive principles enshrined in the RPwD Act. The petition emphasized that the exclusion effectively negates the purpose of reservations for persons with disabilities in the medical field. Bhushan also highlighted that while posts are reserved for persons with disabilities, the petitioner would be rendered ineligible to compete for such posts unless permitted to pursue a postgraduate degree.
The bench of Justices Vikram Nath and P.B. Varale, considering the urgency of the matter, granted interim relief by allowing the petitioner to participate in the ongoing counseling process for PG medical admissions. However, the Court clarified that this would not create any equity in her favor and issued a notice to the Union of India, returnable in four weeks.
This case raises critical questions about the balance between maintaining professional medical standards and ensuring equal opportunities for persons with disabilities. It underscores the tension between regulatory policies and the broader goals of inclusivity and empowerment for individuals with disabilities in professional fields.
Case Details
Case Title: Tina Sharma v. Union of India
Case No.: W.P.(C) No. 735/2024
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