Kabir Paharia vs National Medical Commission 2025 INSC 623- Persons With Disabilities - Reasonable Accommodation
Constitution of India - Article 14,16,21 - Rights of Persons with Disabilities Act, 2016 - Reasonable accommodation is not a matter of charity but a fundamental right flowing from Articles 14, 16, and 21 of our Constitution. When administrative authorities create arbitrary barriers that exclude qualified PwBD candidates, they not only violate statutory provisions but also perpetuate the historical injustice and stigmatisation. The fundamental rights and the dignity of PwD and PwBD candidates must be protected by ensuring that assessment of their capabilities is individualised, evidence-based, and free from stereotypical assumptions that have no scientific foundation. (Para 15) - No deserving candidate in the PwBD category is denied admission into the MBBS course in spite of his/her/their entitlement. It must be ensured that systemic discrimination against persons with benchmark disabilities, whether direct or indirect, is eliminated and that the admission process upholds their right to equal opportunity and dignity- Referred to Om Rathod v. Director General of Health Sciences and Anmol v. Union of India (Para 14)
The Supreme Court observed that 'reasonable accommodation’ to persons with disability is not a matter of charity but a fundamental right. https://t.co/yye7Um6za2 pic.twitter.com/wQr9bTA1s6
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