KAVYA R. Vs. MEDICAL COUNSELING COMMITTEE

JUDGEMENT

(1.) Petitioner, who is a person with visual impairment, is aggrieved by the reports and findings of the Disability Board and consequent denial of admission to her in the 5% quota for Persons with Disability for admission to MBBS in the all India quota based on her rank in NEET UG 2020.

(2.) The petitioner applied for National Eligibility cum Entrance Test [NEET (UG)] claiming special reservation for persons with disability. She secured 72.4478636 percentile in the NEET. As per Ext.P3 memo dated 06.11.2020, she was allotted to Government of Tamil Nadu Medical College, Thiruvarur, in the first round of allotment, for admission to MBBS course in the quota for PwD. Based on the option submitted by the petitioner, in the second round, she was allotted to the Government Medical College, Thiruvananthapuram, as per Ext.P4 memo dated 26.11.2020. As per Ext.P5 proceedings, the petitioner was relieved from the Medical College at Thiruvarur on 01.12.2020. It is stated that she was directed to join the Medical College at Thiruvananthapuram before 08.12.2020. The petitioner submits that she approached the Disability Medical Board of the College- the 4th respondent, since a medical certificate was insisted for joining the College. In Ext.P7 certificate assessing her disability at 30% issued by it on 05.12.2020, it is stated that she is eligible for medical admission as per the MCI gazette notification. On 7.12.2020, the 4th respondent issued Ext.P8 certificate stating that she was having 30% visual disability and is not eligible for PwD quota. On 08.12.2020 when the petitioner reported in the College, she was not allowed to join, based on the certificates Exts.P7 and P8. This Writ Petition is filed challenging Exts.P7 and P8 certificates alleging violation of Graduate Medical Education Amendment Regulations 2019 (Ext.P6) and pointing out that the petitioner is having 40% permanent disability as certified in Ext.P1 by the Standing Disability Board, at District Hospital, Palakkad. Dr. K.P.Satheesan, the learned Senior Counsel for the petitioner, argued that the petitioner was admitted in the Medical College Thiruvarur in Tamil Nadu, without any objection and therefore Exts.P7 and P8 certificates, which are contrary to the provisions in Appendix H, cannot be relied on and therefore the petitioner has to be allowed to join the College.

(3.) Sri. V.Manu, the learned Senior Government Pleader, made available the report on the medical examination of the petitioner for assessing her visual disability, according to which the assessment was made in accordance with the Right of Persons with Disabilities Act 2016 and the guidelines issued thereunder published in the Gazette of India and that she was found to have visual disability of 30% only without any special assistive device used as low vision aids. It is stated that she was found not eligible under PwD quota since her visual disability was having only 30%. The learned Government Pleader also pointed out that Ext.P6 Regulations are already amended and Appendix H is substituted by Appendix H1. It is also submitted that the All India Quota seats were already reverted to State quota and allotments to those seats are also over.