CHINNU J.REGINA Vs. COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) WHETHER Clause 5.3 of the Prospectus for admission to Professional Colleges in the State, as approved by the Government of Kerala vide G.O.(Ms) No. 644/12 H.Edn dated 18.12.2012, to the extent of ignoring/rejecting the disability of the upper limbs, is ultra vires to the provisions of the 'Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995' ('Act' in short) and whether the petitioners are entitled to get admission to MBBS Course, based on their rank in the Common Entrance Examination (NEET - UG, 2013) is the subject matter involved in all these writ petitions.

(2.) THE petitioner in W.P.(C).No. 14839/2013 passed the Higher Secondary Course with 83% marks and secured the percentile score of '61.9762' in the NEET - UG, 2013, thus was placed at rank no. '324' in the All India Quota and at rank no.'29' in the State Quota. It is pointed out that, the petitioner is having 55% disability, because of the handicap medically termed as 'lymphangitis' and gigantism of fingers and toes. With reference to Ext.P3 Medical Certificate, it is contended that, her hands are fully mobile and she is fully dexterous and as such, admission to MBBS Course cannot be denied to the petitioner. Stipulation to the contrary under Clause 5.3 of the Prospectus is under challenge, contending that, it is ultra vires to the above 'Act'/Constitution.

(3.) PETITIONER in W.P.(C).No. 15473 of 2013, does not have fingers in her right hand and the disability has been assessed as 40% by the Medical Board. By virtue of Clause 5.3 of the Prospectus issued by the 2nd respondent (Commissioner for Entrance Examinations), admission to the MBBS Course is denied to the petitioner, with reference to disability to her upper limbs; which made the petitioner to approach this Court challenging the said clause in the Prospectus; besides challenging the relevant Regulations issued by the 4th respondent/MCI, restricting the benefit of Special Reservation under the 'Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995', in respect of 3% reservation to persons having disability, whereby the persons like the petitioner having disability to the upper limbs are excluded.