Medical Board only authorised to Assess Disability, cannot conclude on Candidate's ability to pursue medicine: HC
Karnataka High Court
Bengaluru: The Karnataka High Court recently clarified that being an expert body, the Medical Board has the authority only to assess and certify the extent of disability, and it cannot draw conclusions about whether or not a candidate would be eligible to pursue a medical course.
While considering a case where the Medical Board declared a candidate with 50% disability as ineligible to pursue medical courses as per the NMC norms, the HC division bench comprising Justices G Narendar and Vijaykumar A Patil observed, "Being an expert body it was merely required to assess and certify the extent of disability, in our opinion the conclusion drawn by the board is wholly unsustainable being illegal and as the board is not the selecting authority the eligibility of a candidate cannot be certified by the board. The board is only required to certify the extent of disability and the eligibility of a candidate is in the hands of the competent authority. In our opinion the board has traversed an area beyond its realms, which in our opinion is impermissible."
Further noting the fact that the regulations specify that a person with disability is entitled for benefits of the quota when he/she suffers with a disability certified between 40% to 80%, the bench observed, "The petitioner having been certified as suffering from 50% disability, is but naturally and legally entitled to be considered for selection. In that view of the matter, we have no hesitation to hold that portion of the certificate with the nomenclature “Conclusion” shall not be looked into and shall be struck off from consideration."
"What troubles us even more is, the attitude of the other official respondents who have merely toed the line of the medical board," the court further observed in this context.
The High Court directed the National Medical Commission (NMC) and MCC to consider the case of the petitioner, a NEET PG candidate for admission under the “Persons with Disability” quota.
The petitioner before the HC bench was assessed with the disability of 45% and was admitted to a seat reserved against the quota reserved for “Persons with Disability”. Having completed her under-graduation in first class and aspiring for post graduation, the petitioner made an application and appeared in the mandatory examination by the Board in the designated center at Madras Medical College, Chennai.
After examining the petitioner, the Board assessed her disability at 50%. But while recording its conclusion it recorded that the candidate is not eligible to pursue medical course as per NMC norms.
The bench took note of the fact that the moot question was, whether the Board could have expressed such a conclusion? "The eligibility of a candidate is to be concluded by the respondents and it certainly is not within the domain of the Medical Board," observed the bench.
Opining that the board traversed an area beyond its realms, and terming it "impermissible", the bench further noted,
"Be that as it may, even as per the regulations a person with a certain extent of disability is entitled for benefits of the quota under the Act, i.e., if such person/candidate suffers with a disability which is certified between 40% to 80%. The petitioner having been certified as suffering from 50% disability, is but naturally and legally entitled to be considered for selection. In that view of the matter, we have no hesitation to hold that portion of the certificate with the nomenclature “Conclusion” shall not be looked into and shall be struck off from consideration. What troubles us even more is, the attitude of the other official respondents who have merely toed the line of the medical board."
The bench noted that it was not in dispute that the competence to select the candidates is with the Medical Counselling Committee (MCC) and further observed,
"...and if that be so, then the certificate ought to have been appreciated by the third respondent for the purposes of selection. The petitioner otherwise being eligible and also handicapped and the conclusion being the consequences of sheer non application of mind, we are of the considered opinion that the petitioner has made out a case for grant of relief. Accordingly, the writ petition is allowed."
The High Court, therefore, directed the National Medical Commission (NMC) and MCC to consider the case of the petitioner for admission under the “Persons with Disability” quota.
"While so considering the case of the petitioner that portion which reads as under:
“Conclusion : Based on qualification of Disability The Candidate is not eligible to pursue medical course (as per NMC norms).
Shall not be taken into consideration by the respondents and shall complete the candidature of the petitioner against the quota “persons with disability” if she is otherwise eligible. The writ petition is ordered accordingly," the bench clarified.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-order-217509.pdf
