CHITHRA C Vs. STATE OF KERALA

JUDGEMENT

(1.) The selection for one seat each to the M.B.B.S. and B.D.S. courses from among the "physically handicapped" category is under challenge. The question that arises for consideration is whether the "degree of disability" is a reasonable method of selection from among the physically handicapped. The relevant portion of the prospectus for M.B.B.S. on this aspect is extracted as follows :One seat for the lst M.B.B.S. course will be reserved for orthopaedically and other handicapped Candidates who are having more than 40% disability and are suitable for undergoing medical education and otherwise eligible of admission, as per Clause I. Selection will be made on the basis of the degree of disability assessed by the clinical experts associated with a committee constituted and approved by the committee at the time of interview and not on the basis of marks obtained by the candidates at the Pre-Degree or equivalent examinations or the entrance test. Selection will be made by the committee consisting of the Director of Medical Education (Chairman), Joint Director of Medical Education (M) (Convenor), Professor of Physical Medicine and Rehabilitation, Medical College, Thiruvananthapuram and Director and Professor/ Professor of Orthopaedics, Medical College, Tiruvananthapuram (Members)".

(2.) The petitioner belonged to Scheduled Caste and has a degree of 45% permanent disability as per the certificate issued by the competent authority. The petitioner has secured more than the minimum marks in the subjects in her Pre-degree examination. Satisfying the eligibility she applied and appeared for the entrance examination for the selection to M.B.B.S. and B.D.S. under handicapped category on 25-6-1994 and was included in the rank list for the interview on 11-10-1994. The select list was published in the Notice Board on 15-10-1994. Copy of which is Ext. P6 has been challenged on the following grounds.(i) The criteria of selection viz. the degree of disability is unreasonable and arbitrary; (ii) The selection of 5th respondent is on private influence and consideration and hence illegal.

(3.) An Administrative Assistant of Directorate of Medical Education, Thiruvananthapuram, has filed a counter-affidavit on behalf of the Director of Medical Education. According to the counter the select list was prepared and approved by the Selection Committee after examination of each candidate where his/her percentage of disability and fitness to undergo the course was assessed. The selection was based on the highest percentage of disability from among those fit to undergo the course.