Chennai: Coming to the rescue of a physically handicapped girl, who was denied MBBS seat for the academic year 2016-2017 on the ground that her disability percentage was higher than what was prescribed, the Madras high court has directed the authorities to admit her in MBBS course for the academic year 2018-2019 immediately, without insisting her to undergo the Neet, if the candidate is found otherwise eligible on merit for that academic year.
Disposing of an appeal from K.Nandhinee, a division bench comprising Justices Huluvadi G.Ramesh and K.Kalyanasundaram gave the directive and set aside an order of a single judge, which dismissed her petition.
The bench said the facts reveal that the appellant has secured eligible cut off mark to be selected for pursuing MBBS course during 2016-2017 under the physically handicapped quota earmarked in the prospectus by the Selection Committee, Directorate of Medical Education and as per the Disability Certificate issued by the District Medical Board, Villupuram, her medical disability was assessed at 70 per cent (Orthopedically handicapped). Therefore, it was clear that as stated in clause 41 (iii) (a) of the prospectus that at the first instance in the reservation of seats, candidates with disability of lower limbs between 50 per cent to 70 per cent shall be considered, the appellant was entitled to get MBBS seat. But, her case was rejected by assessing her disability as 80 per cent by the expert committee constituted by the Directorate of Medical Education, the bench said.
“But, in our considered view, though the appellant has got 80 per cent of disability on her lower limbs, then also, she is eligible to get MBBS seat for the reason that the Locomotory Disability of the lower limbs of the appellant will not affect her in any way in pursuing her studies”, the bench added.
The bench said clause 41 (iii) (a) of the prospectus further proceeds that in case candidates were not available in that category, then candidates with disability of lower limbs between 40 per cent and 50 per cent may be considered. When that is so, higher disability of lower limbs at 80 per cent will not disentitle the appellant pursuing her medical course. The appellant can very well attend the college and complete her medical course with some artificial aid. But, the same has not been taken into consideration during selection by the authorities. Without appreciating the said proposition, the single judge has dismissed the petition, the bench concluded.
The bench pointed out that the special government pleader appearing for the authorities had submitted that only those who emerged successful in Neet were entitled to get seats in MBBS course during 2018-2019 and the name of the appellant would be considered in the next academic year after emerging successful in Neet.
“But, we are of the view that originally, the appellant has applied for MBBS course during 2016-2017 and got all eligibility and entitled to get admission. But, due to the improper consideration of her case by the authorities, already, she has lost two valuable years. That apart, during 2016-2017, passing in Neet for pursuing medical course was not mandatory. If now also, her case is rejected on that ground, it would be very difficult for her to undergo the Neetfor no wrong committed by her”, the bench held.
