SC opens doors for colour-blind students to pursue MBBS course

Source: The Hitavada      Date: 25 Sep 2017 08:46:36


 

NEW DELHI, 

Two colour-blind students had secured high marks in the entrance examination conducted by the Tripura Government in 2015 during the pre-NEET period

THE Supreme Court has opened the doors for colour-blind
students to pursue MBBS course by ordering the admission of
two such candidates, who have scored high marks in the entrance examination, for the next academic year. Terming its action as “transcendental importance of justice”, the apex court said that peculiar facts and circumstances of the case required it to invoke special powers under Article 142 of the Constitution.


The two students had secured high marks in the entrance examination conducted by the Tripura Government in 2015 during the pre-NEET period.
Without any statutory provision barring students from pursuing MBBS course, various colleges and Medical Council of India (MCI) were arbitrarily denying admissions to candidates
suffering from Colour Vision Deficiency (CVD), popularly called colour blindness.


Both MCI and the Tripura Medical College had initially objected to their admission into MBBS course as the two students suffered from CVD despite having qualified in the entrance examination.


“Keeping in view the transcendental importance of justice which is writ large in this case, we direct that the appellants shall be admitted in the MBBS course in the respondent No.2-College for the academic year 2018-2019 and the quota from the said year shall be reduced by two seats,” a bench headed by Chief Justice Dipak Misra said.


The bench, also comprising Justices Amitava Roy and A M Khanwilkar said, “we may hasten to add that we have used the words ‘transcendental importance of justice’, as it conveys that we are invoking our jurisdiction under Article 142 of the Constitution in the peculiar facts and circumstances of the case”.