FATIMA KADER Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed by a physically disabled person claiming admission to MBBS Course during the present academic year. She was adjudged with 60% locomotive physical disability. Though she got allotment for admission under the Central quota for physically disabled persons, the Medical Board opined that she was not suitable for MBBS Course in terms of Ext.P3 certificate issued by the Medical Board. As per the prospectus conditions, a person with locomotor disability having disability between 40% to 60% was eligible for getting admission to the MBBS course. But, unfortunately, in the case of the petitioner, in Ext.P3 though it was stated that she had 60% disability of locomotive bilateral pasticity of both upper limb and lower limb, the Medical Board indicated that she is not eligible for attending the medical course. She submitted a representation as Ext.P4 to the Standing Appellate Medical Board.

(2.) When the above matter came up for hearing, having found that her disability was 60% as stated in the Certificate of Disability, Ext.P3, we sought instructions from the learned Special Government Pleader to verify under what circumstances the Medical Board had recorded that she was not eligible to get admission to medical course in the said quota. In the meantime, we had issued an interim order dated 9.11.2020 directing that the candidate should be provisionally admitted in the respective College, since the last date for admission was on 12.11.2020.

(3.) The learned Senior counsel appearing for the petitioner would submit that she got admission on 10.11.2020 in the T.D.Medical College as per the interim order dated 9.11.2020.