IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25519 of 2008(K)
1. TISSA.K.JOY,AGED 17 YEARS
... Petitioner
Vs
1. THE COMMISSIONER FOR ENTRANCE
... Respondent
2. DIRECTOR OF MEDICAL EDUCATION
3. STATE OF KERALA
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :06/11/2008
O R D E R
V. GIRI, J.
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W.P.(C) No. 25519 OF 2008
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Dated this the 6th day of November, 2008
JUDGMENT
Petitioner is a physically handicapped person. She applied for
admission to the Medical/Engineering/Agricultural courses. She was
requested to appear before an expert committee on 12.06.08 for
assessing her disability as per Ext.P3. She did so. She then opted
for the Agricultural and Allied course and Veterinary course which
according to her is suitable for a physically disabled person like her.
She registered her option and by Ext.P4 the petitioner has been
given a key number also. But she could not get her name registered.
She filed Ext.P5 pointing out these aspects. By Ext.P7 this Court
directed the 1st respondent to consider the petitioner’s case
sympathetically on the basis of Ext.P3. Pursuant to that, Ext.P8
order was passed rejecting the petitioner’s claim. Ext.P8 is under
challenge in this Writ Petition. The operative portion of Ext.P8 reads
as follows:
“The 1st respondent has examined the Ext.P5
representation in detail on the basis of the Medical
Inspection Report and the opinion of the Board. The
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on 12.06.08 and found that she has more than 40%
physical disability but not fit to undergo any
Medical/Agricultural courses. She has qualified only in
Medical Entrance Examination with ranks 31643 and
31733 in Medical and Ayurveda respectively. As she is
not fit to undergo any Medical/Agricultural courses, on
the basis of the opinion of the State Level Medical
Board, she is not eligible to give any options”
2. A counter affidavit has been filed by the 1st respondent. In
the counter it is stated that the opinion of the medical board is
considered as a reason to take a decision as taken in Ext.P8.
According to the 1st respondent, though the State Level Committee
which met on 12.06.08 opined that the petitioner is not eligible for
getting admission in Medical course, special invitee representing the
agricultural faculty who was in the Board further opined that the
petitioner is not eligible for agricultural course also. Accordingly, it is
on this premise Ext.P9 is issued.
3. Petitioner has filed a reply affidavit and produced a copy of
the certificate given by the Medical Inspection Board. The medical
teams have only opined that the petitioner is not eligible for medical
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course. They could have opined that the petitioner is not eligible for
other courses also. That is not done. If that be so, then there is no
warrant for treating the petitioner as ineligible for agricultural courses
also.
4. In the result, Ext.P8 is set aside and the 1st respondent is
directed to consider Ext.P5 afresh, after obtaining a fresh opinion
from the Medical Board as to whether the petitioner is in any manner
ineligible or unfit for prosecuting an agricultural course. This shall be
done within three weeks from the date of receipt of a copy of this
judgment. If the medical board gives an opinion in favour of the
petitioner, consequential action shall be taken by the 1st respondent
without any further delay. Interim order already passed shall
continue until a fresh decision is taken by the 1st respondent as
aforementioned.
(V. GIRI, JUDGE)
ttb
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