ALBIN JOSEPH Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) Heard Sri.Mathew A. Kuzhalanadan, the learned counsel appearing for the appellant/writ petitioner. Also heard Sri.Tek Chand, the learned Senior Government Pleader appearing for the State authorities.

(2.) The writ petitioner, of the differently abled category, claimed admission to the MBBS curriculum under the earmarked PWD quota. He is suffering from MeningoMyclac (Post Surgical) with Paraplegia locomotive disability of lower limbs, to the extent of 60%. The petitioner appeared in the National Eligibility cum Entrance Test (NEET) UG - 2019 for admission to MBBS and allied courses and had obtained 58.76 percentile. Then, he applied for allotment of seats before the Commissioner of Entrance Examination, Thiruvananthapuram, Kerala. According to him, as per Regulation 4(3) of the Regulation on Graduate Medical Education as amended, the aspirant satisfies the benchmark disability parameters.

(3.) The Appendix H - 1 of the guidelines covers admission of students with "Specified Disabilities" under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course. According to these guidelines, those with more than 80% disability, are ineligible for admission. Those within the disability range of 40 -80% can be considered but their functional competency would have to be determined. If assistive devices are used, the Medical Board would be required to assess whether the aspirant in the PWD quota possess sufficient motor ability as required, to pursue and complete the course satisfactorily.