After High Court Relief to Visually Impaired MBBS aspirant, State Allots Admission

Chennai: In a life-changing relief to a visually impaired medical aspirant, who has been fighting for MBBS admission after being rejected despite clearing NEET, the state has finally agreed to allot an MBBS seat.

The decision to the effect was informed to the Madurai Bench of Madras High Court recently where the state submitted an undertaking that the petitioner MBBS aspirant would be allotted seat under BC category after the central government surrenders seats under the all India quota.

In September last year, Medical Dialogues had reported about the case of the said MBBS aspirant who had scored 220 marks in NEET and had secured an All India Rank of 285 under the Disability quota.

In his petition, he added that the disability certificate that was issued by the state government stated that he had 75% visual impairment. Based on this counselling he was allotted Government Medical College, Pudukottai.

However, when he went to the medical college, he was asked to produce a fresh certificate to be issued by Madras Medical College (MMC). Doctors there had stated that he had 90% visual impairment, thus making him unfit for MBBS course under the disability rules. Based on the MMC order, his admission got turned down by the medical college.

Challenging the certificate issued by the MMC, contrary to the one issued by the state government, his petition before the court stated the MMC certificate was not signed by the specialist concerned and was incomplete.

Read Also: Visually Impaired MBBS Student Denied Admission After Allotment, Approached HC

Thereafter during the hearing before the single judge bench, Justice V Parthiban had allowed the plea of the MBBS candidate.

The judge cited the Right to Persons with Disabilities Act, 2018 which ensures reservation for the differently abled persons and directed the Secretary of Selection Committee to allot a seat to the aspirant.

Read Also: HC Relief: Visually Impaired Aspirant allowed MBBS admission

Later, in response, the state had filed a petition aggrieved by the said order of the single bench.

The court further took note of the MCI notification dated February 4. According to the amendment, a student with less than 40% of disability is eligible for medical course but not eligible under persons with disability quota; and when the disability level is equal to or more than 40% disability they are not eligible for medical course at all.

Read Also: MCI Disability Notification Challenged: Delhi HC issues notice to Medical Council of India, 2 Ministries

While dismissing the appeal filed by the Tamil Nadu government, the HC bench held

…the MCI guidelines did not foresee the emotional impact of studying medicine with disabilities. Candidates with learning disabilities or any other disability should not be barred from entering the field of medicine…

… the arbitrary, sudden and unreasoned amendment to the notification is violation of Articles 14 and 16 of the Constitution of India and also the doctrine of legitimate expectation.

Further, the MBBS student had filed a contempt petition before the HC following which the state government filed a Special Leave Petition (SLP) before the Supreme Court against it on July 8. However, the Supreme Court dismissed the SLP, reports TOI.

The Secretary of Selection Committee of the Directorate of Medical Education submitted in his report that after the Supreme Court dismissed the SLP filed by them challenging an order that granted medical seat to the petitioner, he was allowed to participate in the medical counselling on July 12.

“However, he was not allotted seat in the counselling and was put on wait list as all seats under BC category were already filled,” the secretary added.

Now, after the undertaking given by the State government that after the Central government surrenders the medical seats under All India Quota on July 23, the MBBS aspirant would be allotted a seat in a government medical college under BC category; the HC Bench adjourned a contempt petition filed by the aspirant to August 7 for filing compliance report, adds TNIE.