S.AMINA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is a person with locomotor disability is aggrieved by the denial of her claim for special reservation in the category of Persons with Disability for admission to medical courses under the KEAM 2020.

(2.) Petitioner applied for admission to undergraduate professional courses under KEAM 2020 and National Eligibility cum Entrance Test [NEET (UG)] claiming special reservation for persons with disability. AS per Ext.P1 certificate issued by the Standing Disability Assessment Board of Taluk Head Quarters Hospital, Karunagappally, on 17.11.2017, the petitioner was found to have permanent orthopaedic disability of 45% on account of congenital deformity left upper limb (amputation at level of middle forearm). As per Ext.P2 NEET result she secured All India rank no 733189; OBC(NCL) category rank no.320582 and PH category rank no.1916. As per Ext.P4 letter dated 24.08.2020, the commissioner for Entrance Examinations-the 3rd respondent directed the petitioner to report at the Kollam Medical College on 27.08.2020 for medical examination in the light of Government Letter dated 23.08.2000. The petitioner thereupon reported before the Medical Board and the Medical Board issued Ext.P5 report, in which her disability was found to be 50% and they also found her "not eligible for course." In Ext.P6 report the State-Level Committee found that the petitioner is eligible for PwD quota, but not suitable for medical courses. Thereafter, the petitioner submitted an application on 09.11.2020 to the 3 rd respondent, requesting to include her in the PwD category. In answer to the request made by the petitioner for such inclusion, the 3rd respondent informed her as per Ext.P7 letter dated 16.11.2020, that the eligibility of a candidate with disability for undergoing medical course is assessed by a special disability assessment Board constituted under government orders; as per the report of special medical board the petitioner was found ineligible for admission to medical course; therefore it is not possible to consider her for allotment for medical and allied courses under KEAM. It is stated that the petitioner approached the Permanent Lok Adalat filing O.P.No.52 of 2020 seeking a direction to the respondents to include her in the PwD category in the KEAM rank list. As per Ext.P8 order, the Permanent Lok Adalat found that it does not have jurisdiction to decide the matter. The petitioner has thereupon approached this Court challenging the reports of the special disability board Ext.P5 and the State Level Committee Ext.P6 as well as the letter Ext.P7 of the 3rd respondent by which she was informed that she cannot be considered for medical and allied courses.

(3.) Sri.Sunilkumar, the learned Counsel appearing for the petitioner submits that the petitioner belongs to a very poor family and she was unable to approach this Court because her father was ailing from serious illness and he succumbed to death on 07.12.2020. It was argued that the petitioner is fully eligible for admission to MBBS course; sufficient number of candidates are not available for filling up all the seats reserved for PwD category. It was argued that the medical board which examined her was not constituted as ordered in Ext.P3 order dated 17.02.2020, according to which, the Director of Medical Education should be the Chairman of the medical board. It was vehemently argued that the medical board exceeded its powers in determining the suitability of the students for undergoing medical courses and their duty is confined to assessment of the disability.