Madras HC Directed State : Reserved Seats for MBBS to Person with Disabilities

 

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'Reserve three medical seats for differently-abled'

Source : The New Indian Express , Chennai ;  2nd July 2013

The Madras High Court has directed the authorities concerned to reserve three seats in the first year MBBS course under the disabled category for three candidates for 2013-14.

Justice KK Sasidharan gave the direction on Monday, when the writ petitions from T Nalini of Injimedu village in Tiruvannamalai district and two others came up today.

According to Nalini, she met with an accident and her left leg had been amputated below the knee. She was fitted with an artificial leg and she could walk and even run.

She was issued with a disability certificate by the district authorities, who assessed her of having 60 per cent locomotor disability.

She was also subjected to medical examination and the district medical board assessed the disability at 65 per cent and gave a certificate to that effect.

She was invited for counselling on June 18 last. She was again subjected to medical examination and the panel of doctors assessed the disability at 75 per cent. Following this, she was not given the seat.

Petitioner contended that the intention of the Disability Act, 1995, was to help the persons with disability.

The attitude of the authorities concerned to reappraise the percentage of disability, who had already been subjected to medical examination by the district medical board, would be unfair and would lead to malpractice and corruption.

Last year, nine seats reserved under disabled category were not filled up for want of disabled candidates and they all went to other normal candidates, petitioner pointed out. The rejection of her candidature based upon the fresh medical examination at the time of counselling that she was not eligible or did not come within the purview of the guidelines issued in this regard, was illegal, unjustified, biased and arbitrary, petitioner further contended.



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Keep 3 MBBS seats vacant for disabled people, high court tells state
Source  : TOI , 2nd July 2013

 
The Madras high court has directed the state government and authorities in charge of MBBS admissions this year to keep three seats vacant to accommodate three disabled students who had moved the court after being denied admission during counselling last month. Last year, nine MBBS seats meant for disabled candidates fell vacant, and had to be allotted to regular candidates.

Justice KK Sasidharan, passing orders on the writ petitions of T Nalini, an amputee from Vandavasi and two others — Anbumani of Tiruchi R Devipriya of Kancheepuram district — said: "Before the start of the second counselling for MBBS admissions, three seats should be kept vacant."

It was Nalini's contention that her left leg was amputated below the knee after an accident a few years ago. After an artificial limb was fixed, she could walk and run, she said, adding that the Tiruvannamalai district authorities examined her and assessed her locomotor disability as 60%. When the district medical board examined her, it certified that she had 65% disability.

However, on June 18, when she attended counselling for MBBS admissions, she was examined by a panel of doctors which assessed her disability as 75%, thereby disqualifying her for MBBS admission. Only candidates with 40% to 70% disability are qualified under the quota.

Nalini moved the high court saying the finding of the panel, that too after she had been examined and certified twice by district-level committees, went against the objective of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.


Referring to last year's scenario, when nine seats reserved for disabled could not be filled because eligible candidates were not available, Nalini said such a practice would encourage corruption and malpractice in MBBS admissions. When contacted, selection committee secretary Dr RG Sukumar said, "We have not received any communication in this regard as yet. A decision on the seat allocation for the three disabled students would be made after Friday."




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HC comes to the rescue of differently abled students

Source : Business Standard Via PTI , 1st July 2013

Coming to the rescue of three disabled students including a girl, the Madras High Court today ordered the Tamil Nadu government to keep vacant three MBBS seats for their admission while rejecting the Medical Board report disqualifying them.

Justice K K Sasidharan passed the interim order directing that the seats be kept vacant before the second round of counselling for MBBS seats commenced.

The order came on writ petitions filed by T Nalini of Vandavasi, R Anbumani of Tiruchirappalli and R Devipriya of Kancheepuram district who had challenged the Medical Board's decision disqualifying them for admission into MBBS course under disabled persons quota.