K.Kuralarasan v. The Secretary to Government, Education Department, Secretariat, Chennai-600 009 & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 23-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.13809 of 2009andMP.No.1 of 2009K.Kuralarasan.. Petitioner.Versus1.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 under Article 226 of the constitution of Indiaseeking for a Writ of Mandamus, directing the second respondent toselect the petitioner for the 1st year M.B.B.S. course under physicallyhandicapped quota in any one of the Government Medical Colleges. For Petitioner : Mr.N.RajavadiveluFor Respondents : Ms.Dakshayani Reddy Government AdvocateO R D E RHeard the learned counsel appearing for the petitioner and thelearned Government Advocate appearing for the respondents.2. By consent of the parties, the writ petition is taken up forfinal hearing and disposal. https://hcservices.ecourts.gov.in/hcservices/

3. It has been stated that the petitioner belongs to VanniyarCommunity, which is designated as a Most Backward Community by theGovernment of Tamil Nadu. He had written the Higher SecondaryExaminations held in the month of March, 2009. He had secured 1048marks out of the total of 1200 marks. He had applied for Medical, aswell as for Engineering admissions. In the prospectus for theM.B.B.S/B.D.S course, for the academic year 2009-2010, it has beenstated that 45 seats have been reserved for the physically disabledcandidates.4. It has been further stated that the petitioner has physicaldisability in the lower limbs due to an accident that had occurredearlier. In the first category, handicapped candidates with disabilitybetween 50% and 70% would be considered for selection for theM.B.B.S./B.D.S. course and thereafter, candidates with 40% to 50%disability would be considered for such admission. The authorisedDistrict Medical Board had issued a medical certificate in Form No.IVin Certificate No.176/09/S4, showing that the Orthopaedic handicap ofthe petitioner is 60%, which would make him eligible for admission inthe first category of candidates with 50% to 70% disability. Eventhough the petitioner had applied for both the M.B.B.S. course, aswell as the Engineering course, enclosing the medical disabilitycertificate issued by the District Medical Officer, within theprescribed time limit the petitioner had not been selected under thephysically handicapped candidates category. 5. It has been further stated that the petitioner had beendirected to appear before the Selection Committee, on 6.7.2009. TheSelection Committee, after scrutinising the documents submitted by thepetitioner, had directed the petitioner to appear before the MedicalBoard constituted by the Selection Committee. After the Medical Boardhad examined the petitioner, the Selection Committee had informed himthat he was not selected in the counselling for the medical admission.The petitioner had been informed that he had only 25% physicaldisability and therefore, he was not eligible for admission to theM.B.B.S course, under the physically handicapped candidates category.In such circumstances, the petitioner has preferred the present writpetition before this Court, under Article 226 of the Consitution ofIndia. 6. No counter affidavit has been filed on behalf of therespondents. However, the learned counsel appearing on behalf of therespondents, on instructions obtained from the respondents, hadsubmitted that the prospectus issued by the second respondent forM.B.B.S./B.D.S. Admissions, for the academic year 2009-2010, providesfor reservation of seats for physically handicapped persons and itreads as follows: https://hcservices.ecourts.gov.in/hcservices/ "(iv) SEATS RESERVED FOR PHYSICALLY HANDICAPPED3% of the total number of seats available inGovernment/Self-Financing Medical/Dental Institutions arereserved for the Physically disabled candidates. Thereservation of seats in the first instance, candidates withdisability of lower limbs between 50% to 70% shall beconsidered and in case candidates not available in thatcategory then candidates with disability of lower limbsbetween 40% to 50% will be considered. The other conditionsfor admission into MBBS/BDS Course will be applicable as inthe case of the general category.The candidates are required to produce a certificatefrom the District Medical Board of the area concernedconstituted for the purpose of assessing the nature and theextent of disability in the format prescribed in theAnnexure-III.The Medical Certificate issued by District MedicalBoard of the area concerned for this purpose is subject tothe confirmation of the Expert Committee constituted by theDirector of Medical Education at the time of counselling. The candidate seeking admission under this categoryshould produce the full size photograph exhibiting thedeformity.Note:1. The selected candidates for MBBS/BDS coursewill be required to undergo second Medical examination by aMedical Board constituted for the purpose by Director ofMedical Education to ascertain and confirm the nature andextent of physical disability. 2. Candidates with any other disability other than thelocomotor disability of the lower limb will not beconsidered for admission into MBBS/BDS Course under thisSpecial Category.3. The decision of the Director of Medical Education inthis regard will be final."7. The candidates applying for admission under the physicallyhandicapped candidates category are required to produce a certificatefrom the District Medical Board of the area concerned, constituted forthe purpose of assessing the nature and the extent of disability, inthe format prescribed in Annexure-III. It also states that the medicalcertificate issued by the District Medical Board is subject to theconfirmation of the Expert Committee, constituted by the Director ofMedical Education, at the time of the counselling. In the note to thesaid provision, it has been stated that the selected candidates forM.B.B.S./B.D.S. course will be required to undergo a second medicalexamination by a Medical Board constituted for the purpose by theDirector of Medical Education, to ascertain and confirm the nature andthe extent of the physical disability of the candidate concerned. It https://hcservices.ecourts.gov.in/hcservices/ also states that the candidates with any other disability, other thanthe locomotor disability of the lower limb, will not be considered foradmission into M.B.B.S./B.D.S course, under the physically handicappedcategory. It also prescribes that the decision of the Director ofMedical Education in this regard, will be final. 8. The learned counsel had further submitted that the petitionerhad produced a medical certificate for orthopaedically physicallychallenged, issued by the District Medical Board, Cuddalore, statingthat the extent of the permanent disability of the petitioner is 60%.However, the petitioner had been examined by the Medical Boardconstituted by the Director of Medical Education, on 6.7.2009. Onexamining the petitioner, the Expert Committee consisting of theChairman 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 PhysicalMedicine, SMC/SMGH, Chennai, as its members, had issued a medicalcertificate, certifying that the percentage of disability of the lowerlimb of the petitioner is 25%. Since the disability of the petitioneris less than 40% he is unfit to seek admission in M.B.B.S/B.D.Scourse. 9. It has been further stated that there is no allegation of malafide against the Chairman and the Members of the Expert Committee,which had issued the medical certificate, on 6.7.2009. Further, thereis no provision for re-examination and assessment of the disability ofthe candidates as the prospectus issued by the second respondent forM.B.B.S/B.D.S. Admissions, for the academic year 2009-2010, statesthat the decision of the Director of Medical Education, in respect ofthe assessment of the disability of the candidates would be final.Therefore, the writ petition filed by the petitioner is devoid ofmerits. 10. In view of the submissions made by the learned counselsappearing on behalf of the petitioner, as well as the respondents andon a perusal of the records available, this Court is of the consideredview that the petitioner has not shown sufficient cause or reason forthis Court to grant the reliefs, as prayed for by the petitioner, inthe present writ petition. The prospectus issued by the secondrespondent for M.B.B.S./B.D.S admissions, for the academic year 2009-2010, is in accordance with the prescribed norms of the MedicalCouncil of India. Since the prospectus prescribes that 3% of the totalnumber of seats for the medical courses would be reserved forcandidates with disability of lower limbs, between 40% and 70%, thepetitioner would not be eligible for being admitted in theM.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 theExpert Committee constituted by the Director of Medical Education.Even though the District Medical Board concerned had issued a https://hcservices.ecourts.gov.in/hcservices/ Certificate stating that the extent of permanent disability of thepetitioner is 60% it is subject to the confirmation of the ExpertCommittee constituted by the Director of Medical Education, at thetime of the counselling for admission to the medical courses. Sincethe prospectus states that the decision of the Director of MedicalEducation shall be final and as the petitioner has not challenged theassessment of the Expert Committee, on the ground of mala fide or onany other grounds, the petitioner is not entitled to the reliefsprayed for in the writ petition. In such view of the matter, the writpetition is liable to be dismissed. Hence, it is dismissed. No costs.Consequently, connected M.P. is closed. cshSd/Asst.Registrar/true copy/Sub Asst.RegistrarTo1.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.+ 1 cc to Mr. N. Rajavadivelu, Advocate SR No.33916+ 1 cc to the Government Pleader, SR No.33969Writ Petition No.13809 of 2009MSM(CO)SR/27.7.2009