PRANAY KUMAR PODDER v. STATE OF TRIPURA AND OTHERS

The Judgment of the Court was delivered by DIPAK MISRA, J. I. Leave granted. F

2Copy pinpoint2. 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 saying G "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'd June, 2015 on the score that they suffered partial colour blindness. In such a situation, the appellants being determined and affirmatively H

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obstinate not to abandon their pursuit, approached the High Court of A Tripura at Agartala in W.P.(C) Nos.244 and 252 of 20i 5 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 oflndia under the Indian Medical Council B 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.

3Copy pinpoint3. 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 oflndia. The said recommendations c 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 D desired competency of a MBBS doctor. The presence of good colour vision is also ~ss~ntial 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 E 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:- F

The testing of colour vision must be conducted in respect ofall 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." G

4Copy pinpoint4. Apart from that, reliance was also placed on the recommendations dated I 21h October, 2004 ofthe General Body Meeting. The said recommendations which are relevant are extracted hereunder:- " I. Admission of visually handicapped persons for MBBS: It is mandatory that the students who are selected to join MBBS H

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A course should undergo an eye examination by a qualified Ophthalmologist and must be certified to have best corrected visual activity of 619 in each eye. In case of one-eyed person, the best corrected visual activity should b.e 6/6. The candidate should be able to identify the three primary colours.

B 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 c is the absolute need. The Committee recommends that a candidate who becomes visually challenged after having been admitied 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."

5Copy pinpoint5. 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.

6Copy pinpoint6. When the matter was listed on the previous occasion, having regard to the nature of the issue that deserves to be delved into, v,e had appointed Mr. K.V. Viswanathan, learned senior counsel, as Amicus F Curiae to assist the Court.

7Copy pinpoint7. 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 oflndia and Mr. Sltivam Singh, learned counsel for the State ofTripura. Mr. Viswanathan, the G learned friend of the Court, has assisted the Court from many an angle.

8Copy pinpoint8. lt is submitted by Mr. Mohan, learned counsel appearing forthe 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 H

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decision has not yet been taken with regard to the eligibility of candidates A 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 . B discrimination. To bolster his submission, he has commended us to a decision of the Delhi High Court in Dr. Ku11a/ Kumar vs. U11ion of India and Otlters 1 and a judgment of the Rajasthan High Court in Parmesli Pac/tar vs. Co11ve11er, Central'.

9Copy pinpoint9. Mr. Vikas Singh, learned senior counsel appearing for the c Medical Council oflndia, controverting the submissions of Mr. Mohan, contended that the Regulations by the Medical Council oflndia 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 D 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 ki11ds 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, E the judgments rendered by the Delhi High Court and the High Court of Rajasthan are prior to the date of resolution passed by the General Body and, therefore, this Court should not lay"much emphasis on the judgments of the said High Courts. #

10Copy pinpoint10. Mr. Shivam Singh, learned counsel appearing for the State of F Tripura, echoec\ the submissions of Mr. Vikas Singh, learned senior counsel for the Medical Council oflndia.

11Copy pinpoint11. 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 G India can debarthe 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, 1 IOI (2002) DLT 471 2 RLW 2003 (4) Raj 2284 H

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A 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 oflndia 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 B impelled to proceed to record the submissions advanced by him.

12Copy pinpoint12. 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 c and commented that the identification of a bush that has holly berries on it, the observation by a pi lot 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. D

13Copy pinpoint13. Learned senior counsel, referring to various study material available, has referred to Shinobu lshihar, 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 E of the said test.

14Copy pinpoint14. Highlighting on the causes and prevalence, an article published under the heading "Colour Vision Deficiency" has been brought to our notice. We think it appropriate to reproduce the same:-

F "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 G 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. H

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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"'. d. Congenital CVD has a prevalence in the general population of 8% for men and 0.4% for women'. 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'. f. CVD prevalence varies from country to country and even race c to race. Vijayalakshmi et al, reported CVD in Hindu casts and religious groups of different parts oflndia. The prevalence reported was 2.1 % in 7542 males and 0.2% in 3519 females [9]. Jn Western Nepal, in a study on 964 school children ( 10-19 years age group), CVD was found in 18 boys with prevalence of3.8%, but none of D the girls was found affected [12]. In USA, prevalence ofCVD in junior medical students was 12.8% [1 O]. 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 ofred green anomaly in females6 ." E

15Copy pinpoint15. 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 F 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 3 Colour Vision Deficiency- Publication Review by: Stanley J. Swierze\vski, Ill, M.D. G 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 . 6 Prevalence of Colour vision Deficiency (CVD) In Medical Students in Kolkata, West Bengal Dipa Sabal, Kaushik Saha2 Volume 15. Issue 9 Ver. XII (September) 2016) PP 0 l-03 "-"·"·.iosriournals.org H

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A 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-1 5 and the Fransworth-Munsell l 00-hue disk-matching test evaluate the ability to identify gradations of color by placing B discs in order'. c. In a September 2015 Article in the Indian Journal of Opthalmology', it is mentioned that Though many methods for color vision testing are available, there is no consensus on the ideal method, with different countries using different tests. In c India, the Ishihara chaits are the most widely used, with additional use of Edridge-Green lantern in civil services and Martin lantern in armed forces.[l ,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 oflanterns 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 lOO-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 ofcolor deficiency. For example, individuals who fail the Ishihara plates but pass the D- G 15 panel will probably not have color discrimination problems under most circumstances and in mostjobs.[l) Nagels anomaloscopes is considered the gold standard for color vision testing in clinical

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research, however, it is an expensive instrument requiring an A 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 (I .3 mm vs. I 3 mm),[l] with the technical services category oflndian civil services, which includes police services requiring higher grade of color vision. The United States B police service no longer implements a color vision standard though monochromats are barred.['!) 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 c 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 D accurate cok>r 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. E 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 F 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 "

16Copy pinpoint16. It is worth noting that Mr. J. Anthony B. Sp lading, in his article, G has found that medical professionals and practitioners suffering from

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 H

806 SUPREME COURT REPORTS [2017] 2 S.C.R~

A CVD have difficulty in detecting' 1:- • "Body color changes (pallor, cyanosis, jaundice) • Skin rashes and erythema - • Stage I pressure ulcers - B • Blood or bile in urine, faces, sputum, vomit - • Malaena - Mouth and throat conditions - • Test strips for blood and urine - C • Color coded charts, slides, and prints - • Color coded medications - • Color sensitive monitors"

17Copy pinpoint17. Learned senior counsel would submit that the Ophthalmologist -Association of Australia has issued a publication in 2009 1' which covers 0 . 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. E ii. There have been colour vision requirements for meaical 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 F 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.

practitioners with colour vision deficiency: a website resource -Clin Exp Optom H 2010;-93: I: 3941

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causes. The right 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 c career."

18Copy pinpoint18. 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 D 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, E Orthopaedics Etc.) Skin General Medicine etc."

19Copy pinpoint19. According to the learned senior counsel, there are certain areas F where an individual with CVD can effectively practice and they are:- "Psychiatry Social and Preventive Medicine Anatomy G Physiology Pharmacology etc. Anaesthetics"

20Copy pinpoint20. At this juncture, we may refer to the decision of the Delhi H

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A High Court in Dr. Kuna/ Kanwr (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 B 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 c admission to M.D. (Pathology). There appears to be some justification for denying admission to the petitioner in Pathology. This is 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 D 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 E Psychiatry.

21Copy pinpoint21. The Division Bench of the High Court of Rajasthan, in the case of Parmesli Pachar (supra), referred to eertain literature in the field and, eventually, opined thus:- "Thus, it is clear that in British, American, Australian and Canadian F 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 ofred-green colour blindness is unacceptable G 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 H

. PRANAY KUMAR PODDER v. STATE OF TRIPURA AND 809 OTHERS [DIPAK MISRA, J.]

Council Act, 1956, reveals that Bachelor of Medicine and Bachelor A of Surgery from University of Bristol, University of Leeds, University. of Liverpool, Univer~!ty·_ of London, University of Oxford, University of Sheffield, University of Wales, University of Edir,iburgh, University of Glasgow, University of Dundee, University of New South Wales, University of Melbourne, B 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 ofhis colour vision deficiency, his . qualification will be recognised in India just because he has the c stamp ofa 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 ·o of the view of the Delhi High Court or generally accept the perceptior,i of the view cifthe High Court ofRajasthan:. . .

23Copy pinpoint23. In the course of deliberation, it is submitted by Mr. Viswanathan

I -that complete ban on the admission of individuals suffering from CVD to the MBBS course would violate confernient of equal opportunities and fair treatment. To buttress the said submission, he has drawn immense E

I ! inspiration from certain articles from the Convention on the Rights of , Persons with Disabilities and Optional Protocol to which India is a ,signatory. Article I of the said Convention deals with 'purpose'. It is as follows:- · · F ."The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all 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 G 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:- ~ H -

810 SUPREME COURT REPORTS [20 I 7] 2 S.C.R. .. A "The principles of the present Convention shal I be: a. Respect for inherent dignity, individual autonomy including the freedom io make one's own choices, and independen~e of persons; b. Non-discrimination; c. Full and effective participation and inclusion in society; B d. Respect for difference and acceptance of person~ with disabiliiies as part of human diversity and humanity; e. Equality ofopportunity; f. Accessibility; c 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."

25Copy pinpoint25. Article 4 provides for 'general obligations' and Article 9 of the D Convention lays the postulate of accessibility. Learned 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 oflndia which is as follows:- '.'5 I. Promotion of international peace and security.- The State shall endeavour to - · · · E (c) foster respecffor international law and treaty obligations in the dealings oforganised peoples with one another,"

26Copy pinpoint26. 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 F 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 m"easure so that an individual - suffering from CVD may not feel like an alien to the concept of equality which is the fonjuris of our Constitution. .G 27, In Unio11 oflt1c/ia vs. Deve1u/ra Kumar Pa11d a11d Otllersu, a two-Judge Bench has, after referring to two authorities in U11io11 of l11dia vs. Sa11jay Kumar' and Ku11fll Si11gll vs. U11io11 of l11dia1·',

"(2009) 14 sec 546 "(200~) 6 sec 10s "(2003) 4 sec s24 H

.. [20 I 7] 2 S.C.R. r :· l ••r.: PRANAYKUMAR PODDER v. STATE OF TRIPURAAND OTHERS [DIPAK MISRA, J.] 811

"The principles of the present Convention shall be: I expressed doubt whether a person lacking colour perception can claim A a. Respect for inherent dignity, individual autonomy including the to be a person entitled to any benefit under the Act.· freedom io make one's own choices, and independen~e of persons; b. Non-discrimination; 28. In this regard, a passage from Justice Su11mula Blumdare Fou11datio11 vs. U11io11 ofJ11dia a11d A11otlter" is apt quoting. It reads B c. Full and effective participation and inclusion in society; as under:-. · d. Respect for difference and acceptance of person~ with "9. Be that as it may, the beneficial provisions of the 1995 Act B disabilities as part of human diversity and humanity; cannot be allowed to remain only on paper for years and thereby e. Equality of opportunity; defeating the very purpose of such law and legislative policy. The f. Accessibility; Union, States, Union Territories and all those upon whom obligation c g. Equality between men and women; has been cast under the 1995 Act have to effectively implement h. Respect for the evolving capacities of children with disabilities it. As a matter of fact, the role of the governments in the matter c and respect for the right of children with disabilities to preserve . -suc.h as this has to be proactive. In the matters of providing relief their identities." : to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive

25. Article 4 provides for 'general obligations' and Article 9 of the or lethargic. A little concern for this class who are differently D Convention lays the postulate of accessibility. Learned senior counsel abled can do wonders in their life and help them stand on their would emphasize on the concept of accessibility, especially, clause (g) own and not remain on mercy of others. A welfare State, that D of Article 9. That apart, he has drawn our attention to Article 51(c) of India is, must accord its best and special attention to a section of the Constitution ofindia which is as follows:- our society which comprises of differently abled citizens. This is '.'51. Promotion of international peace and security.- The State true equality and effective conferment of equal opportunity.': E shall endeavour to - · · · ·

29. We are absolutely conscious that the said authorities have been rendered E (c) foster respect for international law and treaty obligations in ~ . . . in the context of the Persons with Disabilities (Equal -

the dealings oforganised peoples with one another," Opportunities, Protection ofRights and Full Participation Act), I995 (for short, 'the 1995 Act') and the said Act has been repealed in 20I 6 and a

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 new Act, i.e~. the Rights .of Persons with Disabilities Act, 2016 (49 of . F knowledge, inclusive culture having regard to inclusive society and respect 2016) has come into force. The present case, needless to say, does not . . deal with any kind ofre.servation as laid down in the said Act. However, F for differently-abled persons, it is obligatory on the part of the Medical it is urged by Mr. Viswanathan, learned Amicus Curiae, that once colour Council of India to take a progressive m"easure so that an individual - suffering from CVD may not feel like an alien to the concept of equality ·! _,,, blindness is not considered as a disability under the 1995 Act and also which is the (011 juris of our Constitution. not a disability. under the 20 I 6 Act, the nature and severity of colour blindness and the disciplines they can practise has to be given a re:.'look. G 27, In Unio11of111(/ia vs. Deve1U/ra Kumar Pa1U/ and Otllersu, a two-Judge Bench has, after referring to two authorities in Unio11 of 30. Though we are not deciding the controversy at present, for G we are inclined to issue certain directions to have a complete picture I11dia vs. Sanjay Kumar" and Ku1U1/ Si11gll vs. U11io11 of ltulia 1·', and projection, yet we are disposed to observe that a human being is a "(2009) 14 sec 546 I magnificent creation of the Creator and that magnificence should be "(2004) 6 sec 708 exposed in a humane, magnanimous and ·all-inclusive manner so that all H "<200J) 4 sec 524 I "(2014) 14 SCC.383 . H

812 SUPREME COURT.REPORTS• -- [2017] 2 S.C.R.

A .. 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 re1,1der 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, D commands inclusion and not exclusion. That is the way a believer in human rights should think.

31. In view of the aforesaid submissions, we direct as follows:- (!) The Medical Counci I oflndia shall constitute a Committee of c 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 apprecia~ly 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_ D 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 in~ite Mr. K.V. Viswanathan along with Mr." M: Shoeb Alam to as'siSt them to take a view. De it noted, Mr. Vikas Singh has gladly accepted the suggestion.· E (Ill) The expert Committee shall review" the situation and take note of the prevalent conditions of the study and practice arid suggest• changes for adoption in the medical course keeping in view the international practices. ·

F (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. G

32. Let the matter be listed for further hearing on 11"' July, 2017. . ~ ' '-.... .

Dcvika Gujral . ,,. Directions issued.