M. V. MANIBHARATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.

(2.) The petitioner herein is a person with Physical Disability. He has completed 12th standard in C.B.S.E syllabus and secured 397 marks out of 500. He appeared N.E.E.T examination conducted on 05.05.2019 and secured 230 marks out of 720. Being a person with Physical Disability (Locomotor Disability - Cerebral Palsy), he applied for admission into M.B.B.S course under OBC - PH category, in Medical College all over the State of Tamil Nadu. He was called for counselling on 08.07.2019. As per instruction of the Selection Committee, he appeared before the Disability Assessment Board constituted at Rajiv Gandhi Government General Hospital Chennai, and they assessed him as person suffering 50% disability and certified his not eligible for admission into Medical/Dental courses since he suffers from Cerebral Palsy (Spastic) all four limbs involvement. Since the Disability Assessment Board declared not eligible, he was not allotted M.B.B.S seat though they were sufficient vacancies for Persons with Disability.

(3.) According to the Learned Counsel for the Petitioner, as per the prospectus, persons with 40% to 80% disability are eligible for admission into M.B.B.S/B.D.S course. The petitioner is a ghatam player and capable of writing examination on his own. The disability he suffers will no way impair his skill to become a Doctor. While the Medical Board at Thanjavur, examined him and certified that, he suffers only Physical impairment of right upper and lower limbs, the report of the 4th respondent stating that, the petitioner suffers permanent physical impairment on all four limbs, will be a bar for the petitioner to apply again for admission into M.B.B.S course, in view of 16.2 (d) of the prospectus to the candidate issued by the Selection Committee which read as:-