Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4393 OF 2017

(Arising out of S.L.P.(C) No.27388 of 2015)

Pranay Kumar Podder Appellant

Versus

State of Tripura and Others Respondents

W I T H

CIVIL APPEAL NO.4394 OF 2017

(Arising out of S.L.P.(C) No.30772 of 2015)

J U D G M E N T

Dipak Misra, J.

Leave granted.

2.The appellants, after crossing two scores and one,

nurtured the ambition, which is quite a usual feature to

human nature unless the innate nature is distracted by some

kind of aberration, to prosecute medical education and for the

said purpose they appeared in the examination and obtained

the requisite marks to be selected. At that stage, the old

Page 2 2

saying “the proposals conceived in mind are not always

concretized” or the beginning does not achieve the end or for

many a reason, as it appears, took the principal seat and the

two students were declared to be ineligible to take admission

to MBBS course at the stage of counselling held on 23

rd

June,

2015 on the score that they suffered partial colour blindness.

In such a situation, the appellants being determined and

affirmatively obstinate not to abandon their pursuit,

approached the High Court of Tripura at Agartala in W.P.(C)

Nos.244 and 252 of 2015 seeking relief that the declaration of

ineligibility by the concerned Committee was absolutely

indefensible and legally impermissive. The submission of the

appellants was built on the foundation that there were no

regulations framed by the Medical Council of India under the

Indian Medical Council Act, 1956, debarring the likes from

admission, for in the absence of a regulation, neither any

instruction nor resolution of the MCI could throttle the right

to appear.

3.The stand and stance put forth by the appellants was

resisted by the State placing reliance on the recommendations

of the expert Committee of the Medical Council of India. The

Page 3 3

said recommendations are as follows:-

“The expert committee deliberated at length about the

importance of normal colour vision to pursue various

subjects in the curriculum of MBBS course. All the

experts unanimously thought that the presence of

normal colour vision was indispensable to acquire the

desired competency of a MBBS doctor. The presence

of good colour vision is also essential to pursue post

graduation in various disciplines of Medicine and

Surgery. Moreover, as the normal colour vision is

essential all the services mentioned under the

category 'Technical' which included Indian Police

Service, Indian Forest Service, Railway Engineering

Service, Indian Railway Traffic Service, Posts on

Marine establishment, Telegraph Engineering Services

etc., it is imperative that the doctor who conducts the

medical exam of these individuals should also have

normal colour vision. The main recommendations of

the Committee were as follows:-

The testing of colour vision must be conducted in

respect of all the students for admission to MBBS

course. The colour defective students should not be

allowed to pursue the MBBS course as a normal

colour vision is absolutely necessary for such a

study.”

4.Apart from that, reliance was also placed on the

recommendations dated 12

th

October, 2004 of the General

Body Meeting. The said recommendations which are relevant

are extracted hereunder:-

“1. Admission of visually handicapped persons for

MBBS:

It is mandatory that the students who are selected to

join MBBS course should undergo an eye examination

by a qualified Ophthalmologist and must be certified

Page 4 4

to have best corrected visual activity of 6/9 in each

eye. In case of one-eyed person, the best corrected

visual activity should be 6/6. The candidate should be

able to identify the three primary colours.

2.The time of onset blindness and continuation of

their curriculum from thereon:

Retention of normal vision is an absolute need for

undergoing the training in medical curriculum unlike

in other streams of education like Arts and Science.

Medicine is a course where perfect vision is the

absolute need. The Committee recommends that a

candidate who becomes visually challenged after

having been admitted to the course and completed to

a reasonable extent his clinical training may still be

considered fit for assessment and final examination.

However, if the candidate develops visual challenge

before acquiring reasonable amount of knowledge and

skill in clinical and basic science he/she should be

discharged from the course.”

5.The Division Bench of the High Court expressed the view

that the guidelines issued by the Medical Council of India

deserves to be given its due weightage by the Court and it

should not interfere solely on the ground that the Regulations

are silent with regard to the denial of admission to an

individual suffering from colour blindness. Being of this view,

it dismissed the writ petition.

6.When the matter was listed on the previous occasion,

having regard to the nature of the issue that deserves to be

delved into, we had appointed Mr. K.V. Viswanathan, learned

Page 5 5

senior counsel, as Amicus Curiae to assist the Court.

7.We have heard Mr. K.V. Mohan, learned counsel for the

appellants, Mr. Vikas Singh, learned senior counsel along

with Mr. Gaurav Sharma, learned counsel for the Medical

Council of India and Mr. Shivam Singh, learned counsel for

the State of Tripura. Mr. Viswanathan, the learned friend of

the Court, has assisted the Court from many an angle.

8.It is submitted by Mr. Mohan, learned counsel appearing

for the appellants that the High Court has fallen into error by

coming to hold that in the absence of prohibition in the

Regulations, the opinion of the Committee would be binding.

That apart, it is urged by him, final decision has not yet

been taken with regard to the eligibility of candidates who

suffer from Colour Vision Deficiency (CVD) by the General

Body for the purpose of prosecuting medical courses. Learned

counsel would submit that there is a distinction between

visually handicapped person and a person suffering from

colour blindness or CVD, but the Medical Council of India has

treated both of them at par, as a consequence of which the

likes of the appellants have been compelled to face extreme

discrimination. To bolster his submission, he has

Page 6 6

commended us to a decision of the Delhi High Court in

Dr. Kunal Kumar vs. Union of India and Others

1

and a

judgment of the Rajasthan High Court in Parmesh Pachar

vs. Convener, Central

2

.

9.Mr. Vikas Singh, learned senior counsel appearing for

the Medical Council of India, controverting the submissions of

Mr. Mohan, contended that the Regulations by the Medical

Council of India may not be always specific and exhaustive

and, therefore, in the absence of any specific regulation, it can

issue instructions/guidelines or frame or indicate or provide

guidance for the purpose of eligibility criteria as regards the

candidates who can take admission in the medical courses,

for a statutory Council, in all circumstances, may not be in a

position to visualise all kinds of situations. It is his further

submission that the General Body has specified that the

candidates should be able to identify three primary colours

and the same would mean that a person who suffers from

colour blindness is within the excluded category. That apart,

submits Mr. Singh, the judgments rendered by the Delhi High

Court and the High Court of Rajasthan are prior to the date of

1 101 (2002) DLT 471

2 RLW 2003 (4) Raj 2284

Page 7 7

resolution passed by the General Body and, therefore, this

Court should not lay much emphasis on the judgments of the

said High Courts.

10.Mr. Shivam Singh, learned counsel appearing for the

State of Tripura, echoed the submissions of Mr. Vikas Singh,

learned senior counsel for the Medical Council of India.

11.Having noted the submissions of the learned counsel for

the contesting parties, the controversy could have become

simpler as the issue that emerges for consideration is whether

the Medical Council of India can debar the candidates

suffering from CVD to undertake medical courses on the basis

of a decision taken by the General Body, but Mr.

Viswanathan, learned senior counsel appearing as the friend

of the Court, submits that this Court should travel beyond the

narrow boundary of the binding effect of the decision or the

resolution of the General Body of the Medical Council of India

and perceive the controversy regard being had to the

international framework, research, practice and prevalence.

We are disposed to think that the submission advanced by

Mr. Viswanathan in this regard is absolutely justified and,

therefore, we are impelled to proceed to record the

Page 8 8

submissions advanced by him.

12.It is canvassed by Mr. Viswanathan that colour

blindness has to be understood as CVD and it happens when

someone cannot distinguish between certain colours, usually

between green and red and occasionally blue. Emphasizing

on the said aspect, he has borrowed certain literature and

commented that the identification of a bush that has holly

berries on it, the observation by a pilot of the patterns of

coloured lights at an airport and learning about a person's

health by their complexion are all tasks in which a person

with CVD may fail. Be it noted, the said concept finds place

in the Article written by J. Anthony B. Spalding.

13. Learned senior counsel, referring to various study

material available, has referred to Shinobu Ishihar, a

Professor at Tokyo Imperial University who, in the year 1916,

had developed a diagnostic method which is still the most

common test for colour vision deficiency; and that test is

called Ishihara test. We do not intend to elaborate on the

methods of the said test.

14.Highlighting on the causes and prevalence, an article

published under the heading “Colour Vision Deficiency” has

Page 9 9

been brought to our notice. We think it appropriate to

reproduce the same:-

“a.Color deficiency is usually a hereditary condition

linked to the ‘X’ Chromosome.

b.Color vision deficiency can also be acquired—not

only as a result of diseases or conditions of the retina,

optic nerve, or more posterior visual pathways in the

brain—but also as a result of exposure to toxins and

certain drugs. Macular degeneration, optic neuritis,

and strokes that affect certain areas of the occipital

lobe, for example, can affect color perception. Head

injuries, systemic diseases that damages nerves (e.g.,

multiple sclerosis), heavy metal poisoning, and certain

medications (e.g., anti-malarials) also can affect color

vision adversely.

c.Unlike congenital color vision defects, acquired

defects often affect visual acuity, are asymmetric from

eye to eye, and may change as the disease changes”

3

.

d.Congenital CVD has a prevalence in the general

population of 8% for men and 0.4% for women

4

.

e.Men are much more likely to be colorblind than

women because the genes responsible for the most

common, inherited color blindness are on the X

chromosome. Inherited color blindness can be

present at birth, begin in childhood, or not appear

until the adult years

5

.

f.CVD prevalence varies from country to country

and even race to race. Vijayalakshmi et al, reported

CVD in Hindu casts and religious groups of different

parts of India. The prevalence reported was 2.1% in

7542 males and 0.2% in 3519 females [9]. In Western

Nepal, in a study on 964 school children (10–19 years

3 Colour Vision Deficiency – Publication Review by : Stanley J. Swierzewski, III, M.D.

4 Color Vision Deficiency in the medical profession – J Anthony B Splading

5 Facts About Color Blindness – National Eye Institute of the National Institutes of

Health, USA

Page 10 10

age group), CVD was found in 18 boys with prevalence

of 3.8%, but none of the girls was found affected [12].

In USA, prevalence of CVD in junior medical students

was 12.8% [10]. A study among medical students of

Medical colleges, Kolkata, W.B. revealed prevalence of

4.8% in males. The prevalence of red-green colour

anomaly among males was 27.3% and in females,

34.8%. There was significantly higher prevalence of

red green anomaly in females

6

.”

15.Learned senior counsel has reproduced certain passages

pertaining to diagnosis of colour blindness from the article

“Colour Blindness Causes, Risk Factors & Symptoms”. They

read as under:-

“3.Diagnosis of Color Blindness

a.Inherited color vision deficiency is usually

diagnosed in early childhood using simple screening

tests. The Hardy-Rand-Ritter (H-R-R_ and Ishihara

Color Plates are used to evaluate the type and degree

of color deficiency. In these tests, the person is asked

to identify the colored shapes or numbers that lie

within a jumble of dots and vary in color and

intensity. The physician detects and categorizes the

deficiency based on the person's responses.

b.The D-15 and the Fransworth-Munsell 100-hue

disk-matching test evaluate the ability to identify

gradations of color by placing discs in order

7

.

c.In a September 2015 Article in the Indian

Journal of Opthalmology

8

, it is mentioned that Though

many methods for color vision testing are available,

6 Prevalence of Colour vision Deficiency (CVD) In Medical Students in Kolkata, West

Bengal Dipa Saha1, Kaushik Saha2 Volume 15, Issue 9 Ver. XII (September) 2016)

PP 01-03 www.iosrjournals.org

7 Supra 3

8 Tests for Colour Vision Deficiency: Is it time to revise the standards – Nidhi

Pandey, A.K. Chandrakar, M.L. Garg : Pt. J.N.M. Medical College, Raipur

Page 11 11

there is no consensus on the ideal method, with

different countries using different tests. In India, the

Ishihara charts are the most widely used, with

additional use of Edridge-Green lantern in civil

services and Martin lantern in armed forces.[1,2] The

Ishihara test is quick and easy and is an excellent

screening tool to detect those with red-green CVD.

However, it has a limited ability to classify CVD and

determine its severity. Organizations that require the

correct recognition of colored signals (principally

transport groups such as the Civil Aviation Authority,

Railways, Maritime, and Naval and Air force) depend

on a standard lantern test which imitates actual

signal systems simulating the workplace. Lanterns do

not specifically screen for color defects. It is surprising

that even now, the general design of lanterns has not

changed very much since their creation in 1891. With

the exception of the Farnsworth lantern used in the

USA, there are scarce studies on the validation and

reliability of lanterns. The panel tests, including the

Farnsworth Panel D-15 and Farnsworth–Munsell

100-hue tests, are much more accurate in classifying

color deficiency. Farnsworth Panel D-15 Test is

considerably quicker and more convenient test for

routine clinical use. Though not very sensitive, its

speed and accuracy make it useful. The relative

insensitivity can also be an asset in judging the

practical significance of mild degrees of color

deficiency. For example, individuals who fail the

Ishihara plates but pass the D-15 panel will probably

not have color discrimination problems under most

circumstances and in most jobs.[ 3] Nagels

anomaloscopes is considered the gold standard for

color vision testing in clinical research, however, it is

an expensive instrument requiring an experienced

examiner's skills. Color vision is graded into higher

and lower grade depending on the size of the aperture

in the Edridge-Green lantern (1.3 mm vs. 13 mm),[1]

with the technical services category of Indian civil

services, which includes police services requiring

higher grade of color vision. The United States police

service no longer implements a color vision standard

Page 12 12

though monochromats are barred.[4] Those who fail

initial color vision screening by pseudoisochromatic

plates should be further evaluated by anamaloscope

or D-15 test to include anomalous trichromats who

are the most numerous among the CVD persons. In

an ongoing study, 500 candidates who appeared in

the divisional medical board were studied. Ishihara

chart was used for initial screening of all candidates

with further use of Edridge-Green lantern for

candidates found to have CVD and selected for jobs

requiring high grade of color vision. Sixty candidates

(13%) were found to have CVD; 39 of those were

selected for jobs requiring accurate color perception.

None of the candidates found to have CVD on testing

by Ishihara chart could pass the lantern test. Only 21

candidates found to have CVD were previously aware

of their deficiency.

d.The Edridge Green-Lantern Test, 1891 is claimed

to simulate railway signals and is used in testing

engine drivers in Great Britain. It was used by the

U.S. Navy for qualification of midshipmen and line

officers prior to adoption of the Farnsworth Lantern

Test in 1953

9

.

e.The Fransworth Lantern Test is the final

qualifying test for the U.S. Navy, the U.S. Coast Guard

Academy, and the U.S. Merchant Marine Academy. It

also may be used by the U.S. Army for qualification of

pilots and by the U.S. FAA Aviation Medical

Examiners. In addition, it is used by some U.S.

railroad systems and other organizations.

10

”

16.It is worth noting that Mr. J. Anthony B. Splading, in his

article, has found that medical professionals and practitioners

suffering from CVD have difficulty in detecting

11

:-

9 Color Vision Tests – National Research Council (US) Committee on Vision -

Procedures for Testing Color Vision; Report of Working Group 41. Washington (DC)

: National Academies Press (US); 1981

10 Supra 9

11 The Truth About Color Vision in Healthcare – Dr. Terrace L. Waggoner Sr., O.D,

Page 13 13

·“Body color changes (pallor, cyanosis, jaundice)

·Skin rashes and erythema -

·Stage I pressure ulcers -

·Blood or bile in urine, faces, sputum, vomit -

·Malaena – Mouth and throat conditions -

·Test strips for blood and urine -

·Color coded charts, slides, and prints -

·Color coded medications -

·Color sensitive monitors”

17.Learned senior counsel would submit that the

Ophthalmologist Association of Australia has issued a

publication in 2009

12

which covers the following aspects:-

“i.No medical course excludes students with

abnormal colour vision, with the possible exception of

a medical college in Taiwan that is known to have had

a policy in 1995 of excluding students if they failed

the D-15 test.

ii.There have been colour vision requirements for

medical courses in Japan but efforts to relax these

began in the late 1980s and it seems they have been

successful.

Iii.The prevalence of abnormal colour vision among

medical practitioners is probably the same as it is in

the general population. While medical practitioners

with abnormal colour vision have reported that they

sometimes made errors due to their colour vision

deficiency, it is not known how often they occur and

how serious they are.

iv.The errors that do occur need to be viewed in the

context of the fact that medical error is not

uncommon and has a variety of causes. The right

Terrace L. Waggoner Jr.

12 J Anthony B Spalding, Barry L. Cole, Fraz A Mir: Advice for medical students and

practitioners with colour vision deficiency: a website resource – Clin Exp Optom

2010; 93: 1: 39-41

Page 14 14

approach to error minimization is to recognise errors

when they occur, identify their cause and find ways to

avoid their recurrence. This approach should apply to

errors that may arise because of abnormal colour

vision.

v.Medical practitioners with abnormal colour

vision can minimise errors by their choice of specialty,

by placing reliance on sources of information that do

not depend on colour and making sure they have good

observation conditions, especially good lighting.

vi.It was suggested that all medical students who

have abnormal colour vision should be aware of their

deficiency before entering a medical course, that they

should know its severity and have an appreciation of

the kind of problems it may cause in their chosen

career.”

18.Relying on the aforesaid literature, it is submitted by the

learned senior counsel that considering that an MBBS

student is also authorized to perform surgeries and the

complete diagnosis and prognosis of a disease or disorder may

sometimes depend upon colour detection, there is

requirement for restriction in the field of practice of an

individual with CVD in this country. He has mentioned

certain areas where difficulties may arise. The said areas,

according to him, are:-

“Pathology

Surgery and Surgical Branches (Ophthalmology, ENT,

Gynae, Orthopaedics Etc.)

Page 15 15

Skin

General Medicine etc.”

19.According to the learned senior counsel, there are certain

areas where an individual with CVD can effectively practice

and they are:-

“Psychiatry

Social and Preventive Medicine

Anatomy

Physiology

Pharmacology etc.

Anaesthetics”

20.At this juncture, we may refer to the decision of the Delhi

High Court in Dr. Kunal Kumar (supra). The learned Single

Judge of the High Court of Delhi made the following

observations:-

“At the outset, I may notice that there is not

hindrance or restriction on the petitioner, who is a

duly qualified and registered medical petitioner to

carry out his practice as a general physician. He is

authorized to prescribe drugs and treat patients,

without acquiring any further post graduate

qualification. The petitioner has been found to be

meritorious student. He is found to be eligible for a

course in M.D. (Pathology), based on his ranking in

the examination. Based on the report as received from

L.L.R.M. College, regarding the colour blindness, he

had been declined admission to M.D. (Pathology).

There appears to be some justification for denying

admission to the petitioner in Pathology. This is

Page 16 16

because in Pathology the concerned pathologist has to

examine various colour slides under a microscope.

The inability to distinguish colours could be a

handicap in minute examination of various bacteria

and examination of different slides. However, this

should not prevent the petitioner from pursuing other

courses or disciplines, where colour blindness may

not be a handicap. ”

In the said case, the High Court issued a writ of

mandamus to grant admission to the petitioner therein in the

post-graduate course of Psychiatry.

21.The Division Bench of the High Court of Rajasthan, in

the case of Parmesh Pachar (supra), referred to certain

literature in the field and, eventually, opined thus:-

“Thus, it is clear that in British, American, Australian

and Canadian medical schools, a student suffering

from colour blindness is not barred from being

admitted. In the opinion of Professor Roger Robinson,

Retired Professor of Paediatrics at Guy's Hospital

Medical School, London, as expressed in his letter

dated 28.6.2002 (referred to above), denial of

admission to a candidate by a medical school on the

basis of red-green colour blindness is unacceptable

and discriminatory.

It is interesting to note that the Medical Council of

India has recognised medical degrees of various

foreign universities even though they are admitting

students with colour vision deficiency or colour

blindness. The Second Schedule to the Indian Medical

Council Act, 1956, reveals that Bachelor of Medicine

and Bachelor of Surgery from University of Bristol,

University of Leeds, University of Liverpool, University

of London, University of Oxford, University of

Sheffield, University of Wales, University of

Page 17 17

Edinburgh, University of Glasgow, University of

Dundee, University of New South Wales, University of

Melbourne, Dalhousie University etc., are recognised.

It is queer logic that while a colour blind student can

seek admission in the aforesaid foreign universities,

he cannot seek admission in the home University. In

case he qualifies in Bachelor of Medicine or Bachelor

of Surgery in spite of his colour vision deficiency, his

qualification will be recognised in India just because

he has the stamp of a foreign university. The

deficiency which is considered to be a handicap for

the purposes of grant of admission in a home

university, no longer remains a debarring factor. This

hypocritical policy has no logic and relevancy.

22.As advised, at present, we do not intend to either lean in

favour of the view of the Delhi High Court or generally accept

the perception of the view of the High Court of Rajasthan.

23.In the course of deliberation, it is submitted by Mr.

Viswanathan that complete ban on the admission of

individuals suffering from CVD to the MBBS course would

violate conferment of equal opportunities and fair treatment.

To buttress the said submission, he has drawn immense

inspiration from certain articles from the Convention on the

Rights of Persons with Disabilities and Optional Protocol to

which India is a signatory. Article 1 of the said Convention

deals with 'purpose'. It is as follows:-

“The purpose of the present Convention is to promote,

protect and ensure the full and equal enjoyment of all

Page 18 18

human rights and fundamental freedoms by all

persons with disabilities, and to promote respect for

their inherent dignity.

Persons with disabilities include those who have

long-term physical, mental, intellectual or sensory

impairments which in interaction with various

barriers may hinder their full and effective

participation in society on an equal basis with others.”

24.Article 3 stipulates 'general principles'. We think it

appropriate to extract the same:-

“The principles of the present Convention shall be:

a. Respect for inherent dignity, individual autonomy

including the freedom to make one’s own choices, and

independence of persons;

b. Non-discrimination;

c. Full and effective participation and inclusion in

society;

d. Respect for difference and acceptance of persons

with disabilities as part of human diversity and

humanity;

e. Equality of opportunity;

f. Accessibility;

g. Equality between men and women;

h. Respect for the evolving capacities of children with

disabilities and respect for the right of children with

disabilities to preserve their identities.”

25.Article 4 provides for 'general obligations' and Article 9 of

the Convention lays the postulate of accessibility. Learned

Page 19 19

senior counsel would emphasize on the concept of

accessibility, especially, clause (g) of Article 9. That apart, he

has drawn our attention to Article 51(c) of the Constitution of

India which is as follows:-

“51.Promotion of international peace and security.-

The State shall endeavour to -

(c) foster respect for international law and treaty

obligations in the dealings of organised peoples with

one another.”

26.On the basis of the aforesaid, it is urged by the learned

senior counsel that with the progress of science, expansion of

many vistas of knowledge, inclusive culture having regard to

inclusive society and respect for differently-abled persons, it is

obligatory on the part of the Medical Council of India to take a

progressive measure so that an individual suffering from CVD

may not feel like an alien to the concept of equality which is

the fon juris of our Constitution.

27.In Union of India vs. Devendra Kumar Pand and

Others

13

, a two-Judge Bench has, after referring to two

authorities in Union of India vs. Sanjay Kumar

14

and

Kunal Singh vs. Union of India

15

, expressed doubt whether

13 (2009) 14 SCC 546

14 (2004) 6 SCC 708

15 (2003) 4 SCC 524

Page 20 20

a person lacking colour perception can claim to be a person

entitled to any benefit under the Act.

28.In this regard, a passage from Justice Sunanda

Bhandare Foundation vs. Union of India and Another

16

is

apt quoting. It reads as under:-

“9.Be that as it may, the beneficial provisions of the

1995 Act cannot be allowed to remain only on paper

for years and thereby defeating the very purpose of

such law and legislative policy. The Union, States,

Union Territories and all those upon whom obligation

has been cast under the 1995 Act have to effectively

implement it. As a matter of fact, the role of the

governments in the matter such as this has to be

proactive. In the matters of providing relief to those

who are differently abled, the approach and attitude of

the executive must be liberal and relief oriented and

not obstructive or lethargic. A little concern for this

class who are differently abled can do wonders in their

life and help them stand on their own and not remain

on mercy of others. A welfare State, that India is,

must accord its best and special attention to a section

of our society which comprises of differently abled

citizens. This is true equality and effective conferment

of equal opportunity.”

29.We are absolutely conscious that the said authorities

have been rendered in the context of the Persons with

Disabilities (Equal Opportunities, Protection of Rights and

Full Participation Act), 1995 (for short, 'the 1995 Act') and the

said Act has been repealed in 2016 and a new Act, i.e., the

Rights of Persons with Disabilities Act, 2016 (49 of 2016) has

16 (2014) 14 SCC 383

Page 21 21

come into force. The present case, needless to say, does not

deal with any kind of reservation as laid down in the said Act.

However, it is urged by Mr. Viswanathan, learned Amicus

Curiae, that once colour blindness is not considered as a

disability under the 1995 Act and also not a disability under

the 2016 Act, the nature and severity of colour blindness and

the disciplines they can practise has to be given a re-look.

30.Though we are not deciding the controversy at present,

for we are inclined to issue certain directions to have a

complete picture and projection, yet we are disposed to

observe that a human being is a magnificent creation of the

Creator and that magnificence should be exposed in a

humane, magnanimous and all-inclusive manner so that all

tend to feel that they have their deserved space. Total

exclusion for admission to medical courses without any

stipulation in which they really can practise and render

assistance would tantamount to regressive thinking. When

we conceive of global phenomenon and universal brotherhood,

efforts are to be made to be within the said parameters. The

march of science, apart from our constitutional warrant and

values, commands inclusion and not exclusion. That is the

Page 22 22

way a believer in human rights should think.

31. In view of the aforesaid submissions, we direct as

follows:-

(I)The Medical Council of India shall constitute a

Committee of experts that shall include the representatives of

the Medical Council of India, experts from genetics,

ophthalmology, psychiatry and medical education, who shall

be from outside the members of the Medical Council of India.

At this juncture, we must appreciably state that Mr. Vikas

Singh, learned senior counsel, has submitted that the Court

may say that the persons as experts who are to be taken from

outside, shall be from the All India Institute of Medical

Sciences (AIIMS), and the Post Graduate Institute of Medical

Education and Research, Chandigarh.

(II)The Medical Council of India may also invite Mr. K.V.

Viswanathan along with Mr. M. Shoeb Alam to assist them to

take a view. Be it noted, Mr. Vikas Singh has gladly accepted

the suggestion.

(III)The expert Committee shall review the situation and take

note of the prevalent conditions of the study and practice and

suggest changes for adoption in the medical course keeping in

Page 23 23

view the international practices.

(IV)The expert Committee shall also concentrate on

diagnostic test for progress and review of the disorder and

what are the available prosthetics aids to assist CVD medical

practitioners and what areas of practice could they undertake

without difficulty with these aids.

(V)The Committee shall meet within a period of three weeks

and submit a report to this Court within three months hence.

32.Let the matter be listed for further hearing on 11

th

July,

2017.

...........................J.

[Dipak Misra]

...........................J.

[A.M. Khanwilkar]

New Delhi

March 23, 2017.