Madras HC pained at inability to help visually impaired get medical seat
Chennai: After expressing deep anguish for not being able to allot a medical seat to a bright visually impaired student, the Madras high court has dismissed his petition with a heavy heart.
When a writ petition filed by J.S. Vignesh Balaji came up for hearing, Justice S. Vaidyanathan, said "It is paining to note that God is too severe to candidates like that of the petitioner, for the reason that in spite of being meritorious, the petitioner is not eligible to pursue medical education, as, he has not satisfied the conditions stipulated in the prospectus and the guidelines framed by the Medical Council of India."
The petitioner sought for a direction to the selection committee for MBBS/BDS course to allot him a seat in the course for academic year 2018-2019 under the physically handicapped quota.
Vignesh said he secured 480 marks out of 500 in SSLC and 1061 marks in the Higher Secondary Examination in March 2018. Later, he scored 117 marks in the National Eligibility and Entrance Test (Neet) this year. He can read and write, but his vision is only blurred. He obtained certificate of disability from the District Medical Officer, Salem on May 29, 2018 and also from the District Medical Board. He applied for admission into MBBS/BDS Course for the academic year 2018-2019.
However, selection committee had not called for counselling on July 1, 2018. According to him, out of 120 seats allocated under the handicapped quota only 20 seats were filled. He made a representation to the Selection Committee on July 5, 2018, to consider him in the next round of counselling under PH quota. As there was no response he approached the high court.
Justice Vaidyanathan said the petitioner's visual impairment, as could be seen from the Disability Certificate, is 75 per cent and as per the prospectus pertaining to the Recommendation of Expert on Visual Impairment under the head ‘Operational Recommendations’, a person with visual disability of 40 per cent or more (category III or greater) shall not be eligible to pursue Graduate Medical Education. Undoubtedly, the petitioner is a bright student.
This court is left with no other option, but to turn a blind eye to candidates like that of the Petitioner, in view of the guidelines/policy decisions of the government, which cannot be said to be illegal.
