New Delhi: The Supreme Court has told the Medical Council of India that Purswani Ashutosh, a student from Gujarat, cannot be denied admission to an undergraduate medical seat on the ground of his "low vision".

Ashutosh had secured the merit rank of 419 in this year's National Eligibility-cum-Entrance Test under the disabled category, his lawyer Govind Jee said. But he was denied a seat in a Gujarat medical college on the ground that his disability would prevent him working efficiently as a doctor.

The court rejected the argument of Vikas Singh, counsel for medical education regulator MCI, that certain provision in the Rights of Persons with Disabilities Act, 2016, did not apply to technical institutions like medical colleges.

Singh's contention "that Section 32 is not attracted since it only provides for reservation to higher educational institutions and not to technical institutions... appears to be fallacious", the bench of Justices Arun Misra and Indira Banerjee said.

It said "higher educational institution" was "a generic term which would include institutions imparting all kinds of higher education, including technical education".

"This court holds that the petitioner cannot be denied admission to the MBBS course if he qualifies as per his merit in the category of persons with disability. In the event the petitioner is found to be entitled to admission, he shall be given admission in the current academic year 2018-19," the court said in a recent order, made public on Monday.

"The medical education regulations which incorporate the provisions of the 2016 act in relation to reservation to higher educational institutions have statutory force and are binding on the MCI."

It added: "The right to equality envisaged under Articles 14 and 15 of the Constitution... contemplates equal rights in every respect, including equal right to be considered for admission to educational institutions and related benefits."

Section 32 of the act says: "(1) All government institutions of higher education and other higher education institutions receiving aid from the government shall reserve not less than five per cent seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission (to) institutions of higher education."

Ashutosh had complained that he had approached the Centre, MCI and the Gujarat government to issue him with a certificate of disability but they had refused without citing any reason.