Monday, August 5, 2019

HC dismisses plea of MBBS aspirant with 85% disability

TIMES NEWS NETWORK

Madurai:05.08.2019

The Madras high court has dismissed the plea of a medical aspirant with 85% disability citing MCI regulations which state that people with more than 80% disability are not eligible for medical admission and that disability certificate issued by the competent authority mentioned in the prospectus can only be considered for admission.

The petitioner R Sakeela, who cleared the National Eligibility cum Entrance Test (Neet), had applied for MBBS admission for the year 2019-20 under the disability quota. Her application was rejected as she suffered 85% locomotor disability. Following this, she moved the court.

Counsel for the petitioner stated that the district medical board had issued a disability certificate to her mentioning 70% locomotor disability on May 21.

However, the medical board of the Rajiv Gandhi Government General Hospital in Chennai, which issued a certificate on June 17, stated that Sakeela suffered 85% locomotor disability.

Her counsel contended that the disability certificate of the medical board of the hospital cannot prevail over the certificate issued by the district medical board.

Additional advocate general (AAG) K Chellapandian submitted that as per the prospectus for admission of students in the MBBS course, candidates who seek admission under the disability quota have to obtain certificate from the medical board of Rajiv Gandhi Government General Hospital.

Chellapandian also produced an amendment made by the Medical Council of India in the regulations for medical admission.

Justice R Suresh Kumar observed that as per the clause mentioned in the prospectus, the candidates are required to produce the certificate obtained from the medical board of the Rajiv Gandhi Government General Hospital for the purpose of assessing the nature and extent of disability.

The judge dismissed the plea of Sakeela stating that the petitioner is not eligible to get medical admission in view of her 85% disability certified by the medical authority.

Though the district medical board issued a disability certificate to Sakeela mentioning 70% locomotor disability, the medical board of Rajiv Gandhi Government General Hospital in Chennai, in its certificate, said she suffered 85% locomotor disability

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