Remanded

Ms. Fatima Kader v. the State of Kerala

Kerala HC13 Nov 2020WP(C)/24236/2020

Case brief

AI extract

What is this about?

A physically disabled petitioner allowed admission to MBBS. Despite Central Medical Board recommending ineligibility for President's quota due to 60% locomotor disability, the Court directed authorities to admit her under State quota as verified by State Level Expert Committee.

What did the court decide?

Directed to admit the petitioner under the State quota as she is eligible, allowing her to seek higher options.

Ms. Fatima Kader Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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WP(C).No.24236 OF 2020(D)

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PETITIONER/S:

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MS. FATIMA KADER AGED 18 YEARS D/O.ADV. T.A.KATHIRUKUNJU, 11-207, THENKAYIL HOUSE, BEHIND LIC OFFICE, ALUVA, ERNAKULAM, KEALA-683 101. NEET ROLL NO.2803209331, RANK NO.212395.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.R.GITHESH SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SRI.SACHIN JACOB AMBAT SRI.S.HARIKRISHNAN

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RESPONDENT/S:

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THE STATE OF KERALA

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REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 STANDING APPELLATE MEDICAL BOARD, (CONSTITUTED UNDER RULE 17 OF THE RIGHTS OF PERSONS WITH DISABILITIES (KERALA) RULES, 2020), GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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THE FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA,

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HEAD OFFICE, TC 15/1553-4, PRASANTHI BUILDINGS, M.V. APPAN ROAD, VAZHUTHACAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE CHAIRMAN.

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THE MEDICAL COUNSELING COMMITTEE, DIRECTORATE GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA,

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W.P.(C)No.24236/2020

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NIRMAN BHAWAN, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI-110 001.

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5 THE COMMISSIONER FOR ENTRANCE EXAMINATION-KERALA, KSHB. SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

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6 THE PRINCIPAL, T.D. MEDICAL COLLEGE, VANDANAM, ALAPPUZHA, PIN-688 005.

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R1, R5 BY GOVERNMENT PLEADER

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R3 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES R4 BY SRI.JAISHANKAR V.NAIR, CGC

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OTHER PRESENT:

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SRI. M.A. ASIF- SPL. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.24236/2020

JUDGMENT

Dated this the 13th day of November 2020

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Shaffique,J.

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This writ petition has been filed by a physically disabled person claiming admission to MBBS Course during the present academic year. She was adjudged with 60% locomotive physical disability. Though she got allotment for admission under the Central quota for physically disabled persons, the Medical Board opined that she was not suitable for MBBS Course in terms of Ext.P3 certificate issued by the Medical Board. As per the prospectus conditions, a person with locomotor disability having disability between 40% to 60% was eligible for getting admission to the MBBS course. But, unfortunately, in the case of the petitioner, in Ext.P3 though it was stated that she had 60% disability of locomotive bilateral pasticity of both upper limb and lower limb, the Medical Board indicated that she is not eligible for attending the medical course. She submitted a representation as Ext.P4 to the Standing Appellate Medical Board.

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When the above matter came up for hearing, having found that her disability was 60% as stated in the Certificate of Disability, Ext.P3, we sought instructions from the learned Special

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W.P.(C)No.24236/2020

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Government Pleader to verify under what circumstances the Medical Board had recorded that she was not eligible to get admission to medical course in the said quota. In the meantime, we had issued an interim order dated 9.11.2020 directing that the candidate should be provisionally admitted in the respective College, since the last date for admission was on 12.11.2020.

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The learned Senior counsel appearing for the petitioner would submit that she got admission on 10.11.2020 in the T.D.Medical College as per the interim order dated 9.11.2020.

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The learned Special Government Pleader has filed a statement before this Court, in which it is stated that, as far as the petitioner is concerned, the Medical Board of the State Level Expert Committee had verified her credentials with reference to disability and Annexure-III had been issued in which they have recommended that she is eligible for getting admission for the MBBS course under state quota. It is also pointed out that she is entitled to opt for State quota as well or in any other College of her choice. In such circumstances, we are of the view that this writ petition can be disposed of as under:

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Since the petitioner had already joined T.D. Medical College, Alappuzha, it shall be open for her to seek for higher options in the State quota as well. Since she is eligible to be considered for allotment under the State quota, the same shall be provided to her.

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W.P.(C)No.24236/2020

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It is made clear that Ext.P3, which is the medical certificate issued by the Medical Board of the Central Authority, shall not stand in the way of the petitioner claiming admission under the State quota by exercising a higher option.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

JUDGE

acd

W.P.(C)No.24236/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF CERTIFICATE OF DISABILITY DATED 24.10.2019 UNDER THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM. EXHIBIT P2 TRUE COPY OF PRINT OUT OF THE RESULTS PUBLISHED ONLINE IN THEWEBSITE OF THE 5TH RESPONDENT. EXHIBIT P3 TRUE COPY OF CERTIFICATE OF DISABILITY DATED 30.10.2020. EXHIBIT P4 TRUE COPY OF THE APPEAL FILED PETITIONER BEFORE THE 2ND RESPONDENT ON 06.11.2020. EXHIBIT P5 TRUE COPY OF SCHEDULE FOR ONLINE COUNSELLING (ALLOTMENT PROCESS) FOR NEET 15% AIQ/DEEMED/CENTRAL UNIVERSITIES/AIIMS & JIPMER/ESIC & AFMC (MBBS/BDS) SEATS 2020.

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EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE PROVISIONAL UNDER GRADUATE MEDICAL/DENTAL SEATS ALLOTMENT 2020 (ROUND 1). EXHIBIT P7 TRUE COPY OF THE PROVISIONAL ALLOTMENT LETTER (ROUND 1) DATED 06.11.2020.

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EXHIBIT P8 TRUE COPY OF RELEVANT PAGES OF CATEGORY-WISE LIST IN RANK ORDER OF ADMISSION TO MEDICAL COURSES, DATED 06.11.2020 PUBLISHED BY THE 5TH RESPONDENT.

Ms. Fatima Kader v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Ms. Fatima Kader v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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