Admit disabled girl in MBBS course: Madras High Court
But, her case was rejected by assessing her disability as 80% by the expert committee constituted by the selection panel.

Published: 09th September 2018 02:47 AM 

Image for representational purpose only.

By Express News Service

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.

University Grants Commission urged to take action against unrecognised varsities

The judge said it was open to the UGC to initiate appropriate action in view of the fact that the poor students were exploited in this manner by such Deemed to be Universities for their personal gains

Published: 09th September 2018 02:51 AM |


UGC head office at New Delhi.(Photo | PTI)

By Express News Service

CHENNAI: The Madras High Court has held that the University Grants Commission (UGC) is empowered to initiate appropriate penal action under the UGC Act and its regulations against the open universities and unrecognised universities or the universities which offered unrecognised courses. Justice S M

Subramaniyam made the observation on September 6 last while disposing of a batch of writ petitions seeking to quash an order, dated October 3, 2012, of the Regional Accounts Officer (Audit), Department of School Education, Coimbatore and consequently direct the government and its various agencies to continue payment of incentive for qualifying M.Phil degree granted by the Vinayaka Missions University in Salem.

The judge said it was open to the UGC to initiate appropriate action in view of the fact that the poor students were exploited in this manner by such Deemed to be Universities for their personal gains.

Andhrapradesh

Govt. will recruit physiotherapists at teaching hospitals, says Minister

STAFF REPORTER

GUNTUR, SEPTEMBER 09, 2018 00:00 IST




Minister for Social Welfare Nakka Ananda Babu releasing a brochure during the World Physiotherapy Day celebrations in Guntur on Saturday.T. VIJAYA KUMAR
‘Cabinet has given nod to set up council’

Minister for Social Welfare Nakka Ananda Babu has pledged support to the strengthening of the Physiotherapy Council of Andhra Pradesh including starting new courses and filling up posts of physiotherapists in government teaching hospitals.

Addressing a meeting during the World Physiotherapy Day celebrations organised by the A.P. Physiotherapy Federation here on Saturday, Mr. Babu said the Cabinet had recently given its nod to set up the Physiotherapy Council, giving statutory recognition to the body.

The council would frame guidelines for sanctioning new colleges, decide syllabi and start admissions.

Stating that Physiotherapy was an essential branch of supportive medicine, Mr. Babu said the course was started during the TDP government in 1996.

Guntur Urban Superintendent of Police Ch. Vijaya Rao said the field was vital to supportive medicare which helped sportspersons. He said physiotherapists should be encouraged by the government as they were offering quality supportive services to Orthopedicians, neurologists and other specialists.

Agricultural Market Committee chairman Mannava Subba Rao said nursing and physiotherapy constituted an important branch of medicine.

Corpus fund

The Federation pledged to constitute a corpus fund of Rs. 1 crore to meet exigencies.

Federation president Naga Sateesh, secretary Subhani, vice president Hari Krishna and state convener Rajesh Roshan were present.

High Court directs insurance firm to pay compensation

STAFF REPORTER

MADURAI, SEPTEMBER 09, 2018 00:00 IST

The Madurai Bench of Madras High Court has dismissed the appeal of a nationalised insurance company and directed them to pay appropriate compensation towards the family of the deceased.

Justice J. Nisha Banu observed that interpretation of Motor Vehicles Act,1988, should be more beneficial to poor victims and directed the insurance company to pay the compensation. The National Insurance Company appealed against a lower court order which directed the insurance company to pay appropriate compensation to the family of the victim.

The case is that the deceased, Moorthy, had engaged a bore-well drilling truck for sinking a borewell at his plot in Seelanthikulam in Tirunelveli district.

On the fateful day, the deceased was inspecting the work at his plot when all of a sudden a rod from the drilling machine hit Moorthy. Due to the impact, he suffered injuries on his head and body. He later succumbed to his injuries at a private hospital.

The lower court had observed that this was an act of negligence on the part of the truck owner and directed the insurance company to pay compensation and recover the same from the owner of the vehicle. The insurance company had contended that it was not liable as the accident occurred due to the drilling machinery which was not part of the insured lorry.

School teacher placed under suspension for absenteeism

SPECIAL CORRESPONDENT

KRISHNAGIRI, SEPTEMBER 09, 2018 00:00 IST

A mathematics teacher, Jayaprakash, of Kummanur Government High Secondary School was placed under suspension here for continued absenteeism, which had led to the appointing of proxy teachers by the parent-teacher association (PTA) to take classes. The teacher was suspended following a report by the District Education Officer.

Chief Education Officer D.Maheshwari told The Hindu that the appointments were was made by the PTA and the salaries were paid by them.

Jayaprakash, who was paid government’s salary had not taken a single class for the students. An inquiry by the DEO, which included testimonies by the school HM and the students, revealed that Jayaprakash had not taken any class.

Following the suspension, the PTA had mobilised some students to kneel in protest under the sun. “This in itself is an offence under the RTE Act, and is punishable,” the CEO said. The Hindu was unable to reach the PTA president for his version.

Hospitals asked to register with govt.

STAFF REPORTER

ERODE, SEPTEMBER 09, 2018 00:00 IST

The district administration has asked all government and private hospitals and clinics in the district to register themselves with the government.

A press release from Collector C. Kathiravan said that Tamil Nadu Clinical Establishment (Regulations), Act, 1997 and Rules 2018 mandated that all hospitals register with the government in order to ensure quality service.

All the hospitals, primary health centre, diagnostic centres, dispensaries, nursing homes or clinics, scan centres, treatment centres under AYUSH, centres providing hydro therapy, mud therapy, magnet therapy, massage therapy, chrome therapy, electro therapy and acupuncture should register themselves with the government.

They should downloaded Form 1 from the website www.clinicalestablishments.gov.in and submit the filled-in form with a Demand Draft for Rs. 5,000 drawn in favour of “The Joint Director of Medical and Rural Health Services” payable at Erode, along with certificates from Fire Service Department, Tamil Nadu Pollution Control Board, bio-medical waste disposal certificate, building stability certificate, details of doctors, nurses and other details sought for to the office at District Headquarters Hospital by September 30.

Govt. gathering legal opinions on convicts’ release

T. RAMAKRISHNAN

CHENNAI, SEPTEMBER 09, 2018 00:00 IST

Advocate General to give his view by Sunday

Even as the State Cabinet is set to meet here on Sunday afternoon, the government is in the process of gathering legal opinions from different sources on the issue of the premature release of seven convicts undergoing life imprisonment in the Rajiv Gandhi assassination case.

The scheduled meeting of the Cabinet has assumed importance against the backdrop of the Supreme Court, in the V. Sriharan @ Murugan & Others v/s Union of India case, stating that “the authority concerned [Governor of Tamil Nadu] will be at liberty to decide the said application [filed by A.G. Perarivalan @ Arivu before the Governor under Article 161] as deemed fit.” It disposed of the writ petition and all pending applications, which essentially pertained to the remission of the convicts.

In his response to the Supreme Court’s order, Law Minister C.Ve. Shanmugam reiterated that there was no change in the stand of the State government, which favoured the release of the convicts — a position taken in February 2014 and in March 2016, when former Chief Minister Jayalalithaa was alive. However, he said the government had to study the order before taking any decision on the matter.

The Governor has “unfettered powers” under Article 161 to “grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extend(s).” Sources in the government say it is being argued by a section of experts that as the Governor is to be guided by the decision of the Cabinet on such a matter, there will be no legal impediments to the release of the convicts. The death sentence for Nalini, one of the convicts, was commuted to a life sentence in April 2000 only through this provision.

Another opinion that the government received was that the “concurrence” of the Central government was required in this matter, and the Governor cannot go merely by the advice of the State Cabinet. The Centre has taken the stand that the convicts cannot be released. A Presidential order issued through the Ministry of Home Affairs, dated April 18, 2018, is being cited in support of this viewpoint. In the order, the Centre did not concur with the proposal of the State government. Any move to release the convicts “will set a very dangerous precedent and lead to international ramifications by other such criminals in the future,” the order said.

It is learnt that the government has forwarded the case to the Advocate General, who is likely to provide his opinion by Sunday.