Please follow the MCI guidelines if it is certified by the day after that your brother has 39% illness then you can be admitted for the MBBS course I really have doubt the person who is not office table mind will be able to treat somebody the professional requirement in this profession is really high and a person who is not mentally fit will not be able to cope the professional stress.

You are eligible for reservationas mental illness is not Equal to or more than 40% disability

I recommend you to go through the brochure regarding the admission of physically handicapped students. There is a whole section dedicated to it in admission brochure! 

Hi 

1) In your case, since your brother is diagnosed with 39% disability, your brother can pursue MBBS Course.

2) However  with regards to applying for reservation  under the disability quota for mental illness, you may pursue the Comprehensive report regarding guidelines for admission of person with specified disabilities submitted by MCI on 05-June -2018. 

(The extract is reproduced below)

Mental illness:

1) Eligible for medical course, not eligible for PH quota: Absence or mild Disability

<40% (under IDEAS)

2) Eligible  for medical  course, eligible  for PH quota:  Currently  not recommended  due    to the above-mentioned lack of objective method to establish presence and extent of mental illness..   However, the benefit of reservation/quota may be considered. in future after developing better methods of disability assessment.

3) Not eligible  for medical  course: >40% disability  or if the person  is deemed  unfit  to

perform his/her duties. Standards may be drafted for the definition of "fitness to practice  medicine",  as are used by several  institutions  of countries  other than India.

Hope this information is useful. 

1. As per the information mentioned in the present query, makes it clear that you want the clarity about the eligibility of your brother.
2. As per the new MCI guidelines, you are right that a person with 40 percent disability is eligible for admission.
3. As you mentioned that he is 39 percent, which makes it clear that he is absolutely liabel to be admitted in the course of MBBS.
4. If the same is not complied by the MCI then you may have to approach the Hon’ble High Court under the Writ of Mandamus a per Article 226 of our Constitution seeking admission of your brother. And I believe your brother will get to it.

As per latest guidelines the mental illness candidates with 40 % of more are not eligible for medical admission. 

Since he is less than 40%, you may ask him to apply let the authorities decide.

The Rights of Persons with Disabilities (RPwD) Act, passed by Parliament in 2016 and implemented in 2017. The legislation moves from a charity approach to a rights-based approach and safeguards the human rights of people with disabilities. The number of disabilities listed was increased from seven to 21. The provisions of the said Act require that any person with benchmark disability (who has a minimum of 40% of a specified disability) is entitled, as a matter of right, to avail all the benefits and accommodations enshrined in the Act including 5% reservation in higher education .Accordingly, the Medical Council of India (MCI) informed candidates for post graduate courses belonging to the disability category that persons with any of the 21 disabilities incorporated in the RPwD Act are considered as eligible in 2018.