R.SAKEELA Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The prayer in the Writ Petition is for a Writ of Mandamus to direct the respondents to admit the petitioner in MBBS course for the academic year 2019-2020 from the quota reserved for persons with disabilities, relying upon the disability certificate dated 21.05.2019 issued to the petitioner by the Regional Medical Board, Tirunelveli Medical College Hospital, Tirunelveli, by considering the petitioner's application No.505847.

(2.) The short facts, which are required to be noticed for the disposal of the writ petition, are as follows: That the petitioner is a minor, who, having completed the +2, applied for NEET examination for medical admission and after having got through the NEET examination, she applied to the respondents for getting admission in first year MBBS course for the year 2019-20 under 5% physically disabled persons quota. The application of the petitioner, having been considered by the respondents, they called the petitioner for counselling by counselling call letter under Orthopaedically physically disabled special category quota to attend counselling on 08.07.2019 at 9.00 a.m.

(3.) However, at the time of counselling, it seems that, after having perused the certificates produced by the petitioner, the respondents/selection authorities found that, the petitioner suffered with 85% locomotor disability, which is a Bench Mark disability and according to the prospectus issued by the respondents, since those who suffered with more than 80% disability would not be eligible to be admitted in MBBS course, therefore, on that ground the candidature of the petitioner had been rejected during the counselling. Challenging such rejection, this writ petition has been filed.