MOHAMED KURCHIT ANWAR Vs. SECRETARY
LAWS(MAD)-2019-10-56
HIGH COURT OF MADRAS
Decided on October 18,2019

Mohamed Kurchit Anwar Appellant
VERSUS
SECRETARY Respondents

JUDGEMENT

G. Jayachandran, J. - (1.) The petitioner is a differently abled person. He is eligible for the quota reserved for Persons With Disability (PWD) as per the Right of Persons With Disabilities Act, 2016. He applied for M.B.B.S., seat for the academic year 2019-2020 along with disability certificate issued by the Government Hospital Assistant Surgeon in the year 2013, certifying he suffers 70% disability. Having secured 125 out of 720 marks in NEET examination and secured more than 45% in the relevant subjects of the qualifying examination, the petitioner was called for counselling on 08/07/2019. The Medical Board of the Selection Committee, examined the petitioner and he was asked to wait for the entire day. Later, he was informed that he is not eligible. The petitioner gave representation to the selection committee and the District Collector for not selecting him for the MBBS course. On his representation, he was again called for medical examination on 22/07/2019 but denied seat. Hence, he has filed this petition seeking mandamus to issue direction to the respondents to select him for MBBS course, 2019.
(2.) The selection committee (second respondent) in the counter affidavit has stated that, the candidates are eligible under Physically disabled quota (PH) only if he/she fulfils the benchmark mentioned in the prospectus. The candidates should produce certificate obtained from the Regional Medical Board constituted at Rajiv Gandhi Government General Hospital, Chennai. The said certificate should have been obtained within 3 months prior to the submission of the application. The petitioner when he applied, he had enclosed the disability certificate given by the Assistant Surgeon of the District Head quarters hospital. When he appeared for counselling, he did not produce the disability certificate issued by the Regional Medical Board as required. So, on the day of counselling, the Selection committee itself to facilitate the candidates arranged for the medical examination by the Regional Board at the counselling venue. The Board, after examining the petitioner issued certificates stating the petitioner suffers "Multiple Exostosis with shortening upper limb" with 50% disability and he is not eligible for MBBS/BDS course.
(3.) On the representation of the petitioner, he was again called for medical examination by the Regional Board to re-examining the percentage of disability of the candidate. On re-examination, the Regional Board in consultation with the Doctors attached to the Government Institute of Rehabilitation Medicine assessed the disability of the petitioner and certified that he suffers 80% disability and as per the guidelines of the Medical Council of India, he is not eligible for MBBS course.;


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