IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 23-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13809 of 2009 K.Kuralarasan .. Petitioner. Versus 1.The Secretary to Government, Education Department, Secretariat, Chennai-600 009. 2. The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai-600 010. 3.The Director of Medical Education, Kilpauk, Chennai-600 010. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the second respondent to select the petitioner for the 1st year M.B.B.S. course under physically handicapped quota in any one of the Government Medical Colleges. For Petitioner : Mr.N.Rajavadivelu For Respondents : Ms.Dakshayani Reddy Government Advocate O R D E R
Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
2. By consent of the parties, the writ petition is taken up for final hearing and disposal.
3. It has been stated that the petitioner belongs to Vanniyar Community, which is designated as a Most Backward Community by the Government of Tamil Nadu. He had written the Higher Secondary Examinations held in the month of March, 2009. He had secured 1048 marks out of the total of 1200 marks. He had applied for Medical, as well as for Engineering admissions. In the prospectus for the M.B.B.S/B.D.S course, for the academic year 2009-2010, it has been stated that 45 seats have been reserved for the physically disabled candidates.
4. It has been further stated that the petitioner has physical disability in the lower limbs due to an accident that had occurred earlier. In the first category, handicapped candidates with disability between 50% and 70% would be considered for selection for the M.B.B.S./B.D.S. course and thereafter, candidates with 40% to 50% disability would be considered for such admission. The authorised District Medical Board had issued a medical certificate in Form No.IV in Certificate No.176/09/S4, showing that the Orthopaedic handicap of the petitioner is 60%, which would make him eligible for admission in the first category of candidates with 50% to 70% disability. Even though the petitioner had applied for both the M.B.B.S. course, as well as the Engineering course, enclosing the medical disability certificate issued by the District Medical Officer, within the prescribed time limit the petitioner had not been selected under the physically handicapped candidates category.
5. It has been further stated that the petitioner had been directed to appear before the Selection Committee, on 6.7.2009. The Selection Committee, after scrutinising the documents submitted by the petitioner, had directed the petitioner to appear before the Medical Board constituted by the Selection Committee. After the Medical Board had examined the petitioner, the Selection Committee had informed him that he was not selected in the counselling for the medical admission. The petitioner had been informed that he had only 25% physical disability and therefore, he was not eligible for admission to the M.B.B.S course, under the physically handicapped candidates category. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Consitution of India.
6. No counter affidavit has been filed on behalf of the respondents. However, the learned counsel appearing on behalf of the respondents, on instructions obtained from the respondents, had submitted that the prospectus issued by the second respondent for M.B.B.S./B.D.S. Admissions, for the academic year 2009-2010, provides for reservation of seats for physically handicapped persons and it reads as follows:
“(iv) SEATS RESERVED FOR PHYSICALLY HANDICAPPED
3% of the total number of seats available in Government/Self-Financing Medical/Dental Institutions are reserved for the Physically disabled candidates. The reservation of seats in the first instance, candidates with disability of lower limbs between 50% to 70% shall be considered and in case candidates not available in that category then candidates with disability of lower limbs between 40% to 50% will be considered. The other conditions for admission into MBBS/BDS Course will be applicable as in the case of the general category.
The candidates are required to produce a certificate from the District Medical Board of the area concerned constituted for the purpose of assessing the nature and the extent of disability in the format prescribed in the Annexure-III.
The Medical Certificate issued by District Medical Board of the area concerned for this purpose is subject to the confirmation of the Expert Committee constituted by the Director of Medical Education at the time of counselling.
The candidate seeking admission under this category should produce the full size photograph exhibiting the deformity.
Note:1. The selected candidates for MBBS/BDS course will be required to undergo second Medical examination by a Medical Board constituted for the purpose by Director of Medical Education to ascertain and confirm the nature and extent of physical disability.
2. Candidates with any other disability other than the locomotor disability of the lower limb will not be considered for admission into MBBS/BDS Course under this Special Category.
3. The decision of the Director of Medical Education in this regard will be final.”
7. The candidates applying for admission under the physically handicapped candidates category are required to produce a certificate from the District Medical Board of the area concerned, constituted for the purpose of assessing the nature and the extent of disability, in the format prescribed in Annexure-III. It also states that the medical certificate issued by the District Medical Board is subject to the confirmation of the Expert Committee, constituted by the Director of Medical Education, at the time of the counselling. In the note to the said provision, it has been stated that the selected candidates for M.B.B.S./B.D.S. course will be required to undergo a second medical examination by a Medical Board constituted for the purpose by the Director of Medical Education, to ascertain and confirm the nature and the extent of the physical disability of the candidate concerned. It also states that the candidates with any other disability, other than the locomotor disability of the lower limb, will not be considered for admission into M.B.B.S./B.D.S course, under the physically handicapped category. It also prescribes that the decision of the Director of Medical Education in this regard, will be final.
8. The learned counsel had further submitted that the petitioner had produced a medical certificate for orthopaedically physically challenged, issued by the District Medical Board, Cuddalore, stating that the extent of the permanent disability of the petitioner is 60%. However, the petitioner had been examined by the Medical Board constituted by the Director of Medical Education, on 6.7.2009. On examining the petitioner, the Expert Committee consisting of the Chairman Dr.V.Goverdhan, Professor of Orthopaedics, MMC/GGH, Chennai, and Dr.V.Natarajan, Professor/Head/Director Institute of Neurology, MMC/GGH, Chennai and Dr.Sampathkumar, Associate Professor of Physical Medicine, SMC/SMGH, Chennai, as its members, had issued a medical certificate, certifying that the percentage of disability of the lower limb of the petitioner is 25%. Since the disability of the petitioner is less than 40% he is unfit to seek admission in M.B.B.S/B.D.S course.
9. It has been further stated that there is no allegation of mala fide against the Chairman and the Members of the Expert Committee, which had issued the medical certificate, on 6.7.2009. Further, there is no provision for re-examination and assessment of the disability of the candidates as the prospectus issued by the second respondent for M.B.B.S/B.D.S. Admissions, for the academic year 2009-2010, states that the decision of the Director of Medical Education, in respect of the assessment of the disability of the candidates would be final. Therefore, the writ petition filed by the petitioner is devoid of merits.
10. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents and on a perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause or reason for this Court to grant the reliefs, as prayed for by the petitioner, in the present writ petition. The prospectus issued by the second respondent for M.B.B.S./B.D.S admissions, for the academic year 2009-2010, is in accordance with the prescribed norms of the Medical Council of India. Since the prospectus prescribes that 3% of the total number of seats for the medical courses would be reserved for candidates with disability of lower limbs, between 40% and 70%, the petitioner would not be eligible for being admitted in the M.B.B.S/B.D.S course since his disability is assessed to be 25% only. The assessment of the physical disability of the petitioner is by the Expert Committee constituted by the Director of Medical Education. Even though the District Medical Board concerned had issued a Certificate stating that the extent of permanent disability of the petitioner is 60% it is subject to the confirmation of the Expert Committee constituted by the Director of Medical Education, at the time of the counselling for admission to the medical courses. Since the prospectus states that the decision of the Director of Medical Education shall be final and as the petitioner has not challenged the assessment of the Expert Committee, on the ground of mala fide or on any other grounds, the petitioner is not entitled to the reliefs prayed for in the writ petition. In such view of the matter, the writ petition is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected M.P. is closed.
csh
To
1.The Secretary to Government,
Education Department,
Secretariat, Chennai-600 009.
2. The Secretary,
Selection Committee,
Directorate of Medical Education,
Kilpauk, Chennai-600 010.
3.The Director of Medical Education,
Kilpauk,
Chennai 600 010