The High Court dismissed a writ petition filed by a candidate claiming a seat in the MBBS Differently Abled Quota. The Court directed a fresh medical examination which confirmed a disability of only 30%, below the required 40% minimum, thus justifying the rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.29647 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.29647 of 2022 and W.M.P.No.29033 of 2022
Harshavarthini
…. Petitioner
-Vs-
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to allot seat for MBBS admission course for the academic session of 2022-2023 based by notification issued by the 3rd respondent / Selection Committee dated 08.10.2022 forthwith.
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For Petitioner : Mr.D.Ashokkumar For Respondents : Mr.U.M.Ravichandran Special Government Pleader – for RR 1 & 2 Ms.M.Sneha, Standing Counsel – for R3 Ms.Shubharanjani Ananth Standing Counsel – for R4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent to allot seat for MBBS admission course for the academic session of 2022-2023 based by notification issued by the 3rd respondent / Selection Committee dated 08.10.2022 forthwith.
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“ 4. The learned Standing Counsel for the Selection Committee would also submit that, the persons upto 40% disability would not be entitled to seek for admission and only the persons above 40% disability are eligible to seek for admission.
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Medical Board. The learned Standing Counsel appearing for the Selection Committee shall also get written instructions as to the afore stated and whether one seat in the second counseling can be reserved for the petitioner, provided if she is able to obtain a certificate from the Medical Board as to her percentage of disability, enabling her to come within the zone of consideration.
further order was passed by this Court, which reads thus,
“ The petitioner, at the time of making application through online for getting admission in First Year MBBS for the academic year 2022-23, has made the application under the Disabled Personsquota.
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above 40% and less than 80%, the petitioner was not considered to be eligible. In the meanwhile, the counselling for Disabled Persons Quota was over and unfilled seats were converted to general quota which were also filled up.
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examination at least 24 hours in advance, so that the petitioner can appear before the Medical Board for such examination.
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abled persons. Therefore, the rejection already made in this regard by the respondents, rejecting the petitioner's candidature under the Differently Abled Quota, is to be justified.
30.11.2022
Index : Yes/No Internet : Yes/No KST To
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R. SURESH KUMAR, J.
KST
W.P.No. 29647 of 2022
30.11.2022
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2 issues framed by the court
Whether the petitioner is entitled to a seat under the Differently Abled Quota for MBBS admissions.
Whether the petitioner meets the minimum disability benchmark required for the quota.
Harshavarthini
State of Tamil Nadu
Director of Medical Education
Selection Committee
Medical Council of India
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
