J DEVI MINOR Vs. GOVT OF T N

JUDGEMENT

(1.) The writ petition is for the issue of a writ of mandamus directing the respondents to select and admit the petitioner for first year M.B.B.S. Course 1992-93 under physically handicapped quota in any of the Government Medical Colleges in Tamil Nadu.

(2.) The petitioner had applied for selection to the First Year M.B.B.S. Degree Course for the academic year 1992-93 under the Special Category, i.e., under the Physically Handicapped quota. Three seats are reserved for this special category. Though there are various categories under Physically Handicapped group, we are concerned with category (g) of Annexure-VII, which reads - "Hand function within normal limit without any aid." The petitioner had secured 185.50 out of 200 marks in the qualifying examination and 44.6 marks in the Entrance Examination and sought admission into First Year M.B.B.S. Course under the said special category, i.e., under the category physically handicapped. The petitioner had sent two certificates - one from Dr. T. Sankarlal, Ortho Surgeon, Rajapalayam (dated 21-4-1991) and another from Dr. Rajagopal, Professor of Orthopaedic Surgery, Head of the Department, Madras Medical College (dated 17-8-1991). The first certificate dated 21-4-1991 shows that the disability of the petitioner has been assessed to 60 per cent (vide certificate dated 21-4-1991 issued by Dr. T. Sankarlal) and in the second certificate dated 17-8-1991 issued by Dr. Rajagopal, there is no reference about the exact percentage of disability of the petitioner, but it is stated that the disability of the petitioner is ranging from 25% to 75%. It appears that out of 169 candidates who had applied for the said course, under the special category 60 candidates were called for interview before the expert committee, consisting of Ortho Surgeon and E.N.T. Surgeon. The norms prescribed by the expert committee for selection was 40 per cent and below and out of 169 candidates, forty students were found suitable for consideration under this special category, and out of them, three candidates were selected purely on the basis of marks obtained by them in the entrance examination. Since the petitioner has not been selected under the special category, aggrieved thereby, the petitioner has filed this writ petition with the abovesaid prayer.

(3.) In the affidavit filed in support of this petition, it is stated that the petitioner had sent a medical certificate from Dr. T. Sankarlal, Ortho Surgeon, Rajapalayam (dated 21-4-1991) to the effect that the petitioner's disability was 60% due to deformity of left wrist, along with her application for the first year M.B.B.S. Course and she had secured 230 marks in the qualifying examination and 45 marks in the entrance examination and persons who had secured lesser marks in the qualifying examination as well as in the entrance examination, had been given admission into the first year M.B.B.S. Course on some extraneous consideration and the non-selection of the petitioner is violative of Arts. 14 and 16 of the Constitution.