P VITHYA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed seeking a Writ of Mandamus directing the respondents to admit the petitioner in MBBS Course for the academic year 2012- 2013 in the quota reserved for physically handicapped persons based on the disability certificate issued to the petitioner by the District Medical Board, Thanjavur on 24.11.2010.

(2.) THE learned Counsel for the petitioner would submit that the petitioner is a poor handicapped (deformity in her Right leg) child by birth and she belongs to backward class community and applied for the admission for MBBS course for the academic year 2012-2013 under the quota reserved for physically handicapped persons. According to the petitioner, she has secured 891 marks out of 1200 marks in the higher secondary examinations held in March 2012. As per the prospectus, 51 seats were earmarked for the physically handicapped students for MBBS course and three seats were earmarked for BDS course. She had been issued with the certificate of disability by the District Medical Board constituted under the provisions of Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 and the Rules made thereunder. As per the certificate issued by the District Medical Board, she has been assessed the disability at 60% (orthopedically handicapped). On the basis of the disability certificate issued by the District Medical Board certificate, she had applied for MBBS course and she was called for counselling on 05.07.2012. Her ranking was 24708 and her cut off marks is 192.75. As per the prospectus, even though medical certificate issued by the competent board, the petitioner was subjected to medical test for ascertaining the disability by the committee constituted by the second respondent at the time of counselling. The said Committee examined her. But, without giving any order for refusal of admission to the petitioner for MBBS course and without assigning any reason for refusing the admission, she was only told that she was not eligible for MBBS admission. According to her, she was able to walk with artificial limb. Further, she can even climb stairs on her own without anyone's support. According to her, since the competent District Medical Board had certified her disability at 60%, she was eligible to be considered for MBBS course admission. First of all, she should not have been subjected to further examination by an Expert Committee constituted by Selection Committee. Secondly, the rejection of her application without assigning any reason is not legally sustainable.

(3.) HEARD both sides. By consent, the main writ petition itself is taken up for final disposal as the counselling for the admission is going on and the last date for counselling is 14th July 2012.