CHENNAI: A division bench of the Madras High Court has directed the State government to admit a disabled woman candidate in the first-year MBBS course for 2018-19 forthwith without insisting on her taking NEET, if she is found otherwise eligible on merit.
The second bench of Justices Huluvadi G Ramesh and K Kalyanasundaram gave the direction while disposing of a writ appeal from K Nandhinee, on August 28 last.
Originally, Nandhinee, who had secured 1,018 against 1,200 in the Plus-Two examinations and obtained the eligible cut-ff mark in NEET, applied for admission in MBBS course for 2016-17 under the physically-handicapped quota earmarked in the prospectus. As per the Disability Certificate issued by the District Medical Board, Villupuram, her medical disability was assessed at 70% (othopedically handicapped).
However, the expert panel of the selection committee assessed her disability at 80 per cent and rejected her candidature. Challenging this, she moved the High Court with a writ petition and a single judge dismissed it on July 11, 2016. Hence, the present writ appeal.
Disposing of it, the bench pointed out that as per clause 41(iii) (a) of the prospectus that candidates with disability of lower limbs between 50 per cent to 70 per cent shall be considered at the first instance in the reservation of seats.
But, her case was rejected by assessing her disability as 80% by the expert committee constituted by the selection panel.
The appellant was issued the Disability Certificate by the District Medical Board, Villupuram constituted under the provisions of Persons with Disabilities (Equal Opportunity for Protection of Rights of Full Participation) Act, 1995, assessing her medical disability at 70% (orthopedically handicapped) whereas the doctors in the expert committee constituted by the Directorate of Medical Examination, who were present in the counselling on June 20, 2016,assessed her disability at 80 per cent and declared that she was not eligible.