‘Not charity, change mindset:’ SC orders AIIMS to admit divyang candidate who secured 176 rank in NEET-UG 2024

The Supreme Court ordered the All India Institute of Medical Sciences (AIIMS), New Delhi, to admit Kabir Paharia, a 19-year-old with 42% locomotor disability, into its MBBS program under the Scheduled Castes-Persons with Benchmark Disabilities (SC-PwBD) quota for the 2025-26 academic year, despite being labelled ineligible by the National Medical Commission.

In its May 2 order, the bench of Justices Vikram Nath and Sandeep Mehta condemned systemic discrimination, stating: “Reasonable accommodation is not charity but a fundamental right under Articles 14, 16, and 21.”

Case Background

Kabir, diagnosed with congenital absence of multiple fingers in both hands and partial foot involvement, scored 542/720 in NEET-UG 2024 (SC-PwBD rank: 176).

Despite academic excellence (Class X: 91.5%, Class XII: 90%), he was denied admission after three medical boards, including one by the Delhi High Court, deemed him ‘ineligible’ under National Medical Commission (NMC) guidelines requiring both hands intact.

The Supreme Court intervened, directing a fresh AIIMS assessment on April 8, 2025. A five-member board noted Kabir’s ‘functional adaptation’ using residual digits, facing only minor challenges with sterilised gloves.

The bench rebuked authorities, stating that “this trivial aberration cannot justify denial… when he scored exceedingly high marks.”

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Legal Precedents & Mindset Shift

Citing its 2024 Om Rathod and 2025 Anmol rulings, the Court invalidated NMC’s “arbitrary” physical criteria, stressing “individualised, evidence-based assessments.” In that case, the top court had scrapped NMC’s “both hands intact” rule as unconstitutional.

Justice Mehta emphasised that ‘the constitutional mandate demands reasonable accommodations, not exclusion based on stereotypes.” The Court further flagged institutional bias, noting a less-qualified candidate was admitted under SC-PwPD, violating Kabir’s rights.

Guidelines Overhaul

The Court also ordered NMC to revise admission guidelines within two months, ensuring no deserving PwBD candidates face exclusion. Key directives include:

• Remove discriminatory physical criteria.
• Align policies with the Rights of Persons with Disabilities Act, 2016, prioritising “substantive equality.”
• Mandate training for medical boards to avoid “unfounded presumptions.”

The ruling reinforces that disabilities cannot override merit. Kabir, exempted from retaking NEET-UG 2025, becomes a precedent for 7.8 million PwBD Indians. With NMC’s guidelines under revision, medical admissions are set to become more inclusive, aligning with constitutional promises of dignity and equity.