The High Court of Kerala, on a writ petition challenging the rejection of medical course admission, held that the prospectus excludes visually handicapped candidates from disability reservation quotas. Finding no illegality in this exclusion, the court dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938
WP(C).No. 22401 of 2016 (A)
PETITIONER(S):
JOANN SABU
D/O.SABU CHERIAN, AGED 19 YEARS, KOTTISSERIL HOUSE, THALAYAZHAM POST, VAIKAM TALUK, KOTTAYAM DISTRICT, PIN-686 607.
BY ADV. SRI.JOSE TOM C. KANDATHIL
RESPONDENT(S):
1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE COMMISSIONER OF ENTRACE EXAMINATION (CEE) (KEAM-2016), GOVERNMENT OF KERALA, FIFTH FLOOR, HOUSING BOARD BUILDING, SHANTINAGAR, THIRUVANANTHAPURAM, PIN-695 001.
BY SR.GOVERNMENT PLEADER SRI.T.K.ARAVIND KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22401 of 2016 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
| P1 : | TRUE COPY OF MEDICAL RESULT OF THE PETITIONER IN KERALA ENTRANCE EXAMINATION. |
|---|---|
| P2 : | TRUE COPY OF MEMO RECEIVED BY THE PETITIONER FROM THE SECOND RESPONDENT DATED 1-6-2016. |
| P3 : | TRUE COPY OF THE MARK LIST OF THE PETITIONER IN SENIOR SECONDARY EXAMINATION DATED 25-5-2015. |
| P4 : | TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE PETITIONER DATED 29-1-2015. |
| P5: | TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO MEDICAL COURSE 2016 |
| RESPON -------------- |
DENT(S)' EXHIBITS: NIL --------- |
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.22401 of 2016
Dated this the 20th day of September, 2016
JUDGMENT
Petitioner appeared for Kerala Medical Entrance Examination and secured rank No.12790. Petitioner applied for admission to medical course under physically disabled category as she was a person with one eye since birth. On receipt of Ext.P2 memo dated 1.6.2016, petitioner appeared for evaluation and assessment. However, admission of the petitioner to the medical course is rejected by the second respondent without attributing any reason. According to the petitioner, petitioner is entitled as of right to get admission since even though she is one eyed, she is only disabled to the extend of 30%. Petitioner has also produced Ext.P5 Prospectus for Admission to Professional Degree Courses, 2016. It is in this background petitioner has filed this writ petition seeking appropriate direction to the respective statutory authorities.
W.P.(C) No.22401 of 2016
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and pleadings put forth by the petitioner.
“ 5.3. Reservation for Persons with Disabilities (PD):
Three percent of the seats available to the State for allotment from the State rank lists are reserved for candidates with disabilities for all courses in Govt./Aided Colleges and stipulated in Section 39, Chapter VI of the Persons with Disabilities Act, 1995. As per Clause 2(t), Chapter I of the Act, 'Person with disability' means a person suffering from not less than 40% of any disability as certified by a medical authority. Generally, candidates who have a minimum of 40% disability alone will be eligible to apply for this quota. Candidates seeking admission to Medical Courses (except BHMS), will have to satisfy the eligibility criteria prescribed by the Medical Council of India for 'Persons with Disabilities'. Accordingly, (i) the 'visually handicapped', Hearing disabled' and 'Locomotory disabled' involving upper limb are not eligible for admission to the Medical courses. (ii)
W.P.(C) No.22401 of 2016
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Candidates with 'Locomotory disability' of lower limb between 50% and 70% would be allowed the benefit of reservation under the Disability Act for admission to the Medical courses. Blind (including colour blind), deaf and/or dumb candidates shall not be eligible for admission to the BHMS course as per Central Council of Homoeopathy Guidelines.”
W.P.(C) No.22401 of 2016
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the said clause. In the absence of explanation to said clause, I think any person visually handicapped is not entitled for admission to the medial course as per the reservation provided under the said clause.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/20/9/
3 issues framed by the court
Whether the petitioner, a visually handicapped person with one eye and 30% disability, is entitled to admission under the 3% reservation quota for persons with disabilities in medical courses.
Whether the selection authorities acted illegally or arbitrarily in rejecting the petitioner's application for admission.
Whether the writ petition invoking Article 226 of the Constitution of India is maintainable in these circumstances.
Joann Sabu
The State of Kerala represented by the Chief Secretary
The Commissioner of Entrance Examination (CEE) (KEAM-2016)
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
