The Supreme Court of India has issued a directive to the National Medical Council (NMC) to re-evaluate its recommendations for assessing disabilities in medical students, specifically those with mental health conditions. This decision follows a petition filed by an aspiring MBBS student who faced rejection for reservation under the Persons With Disabilities (PwD) quota due to a mental health diagnosis.
The petitioner, diagnosed with a mental health condition exceeding 40 percent on the Indian Disability Evaluation Assessment Scale (IDEAS), was denied admission to a medical course based on the opinion of a disability certification board. The Supreme Court, recognizing the need for equitable access to medical education, intervened in the case.
In May 2023, the court instructed the NMC to establish an expert panel to explore new methods for assessing disabilities in students with mental illnesses, special learning disorders, and autism spectrum disorders. This led to the formation of an expert committee by the NMC, which subsequently developed guidelines for admitting students with specific disabilities under the Rights of Persons with Disabilities Act, 2016.
The NMC informed the court in September 2023 that individuals diagnosed with mental illnesses would be eligible for undergraduate medical education without restrictions, provided they secured a competitive rank in the NEET-UG entrance examination.
However, the Ministry of Social Justice and Empowerment, through its Department of Empowerment of Persons with Disabilities (Divyangjan), issued a notification in March 2024, outlining comprehensive guidelines for assessing specified disabilities, including mental disabilities.
These guidelines, released in March 2024, define “Mental Illness” as a substantial disorder of thinking, mood, perception, orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. The guidelines explicitly exclude mental retardation, characterized by below-average intelligence due to arrested or incomplete development of the mind.
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. 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.
The Supreme Court’s latest directive instructs the NMC’s Expert Committee to review its opinion and submit an affidavit within eight weeks. The petitioner, an MBBS aspirant, has expressed concerns about the assessment of disabilities for individuals with intellectual disabilities, including Specific Learning Disability (SLD) and Autism Spectrum Disorders (ASD). The petition emphasizes the need for equitable access to medical education for all aspiring students, regardless of their disabilities.
