HC expresses inability to help visually impaired student get medical seat

Expressing its inability to help, the Madras High Court has dismissed a visually impaired student's plea seeking a direction to allot him a MBBS or BDS seat under the handicapped quota.

The court said norms disallowing persons with visual disability of 40 per cent or more cannot be held illegal.

Rejecting the plea of J S Vignesh Balaji recently, Justice S Vaidyanathan said in spite of being meritorious, the petitioner was not eligible to pursue medical education since he did not satisfy the conditions specified in the prospectus on medical education and the Medical Council of India's guidelines.

The petitioner sought a direction to the Selection Committee for MBBS/BDS courses for academic year 2018-2019 under the Physically Handicapped Quota.

Out of 120 seats under the handicapped quota, only 20 seats were filled, according to the petitioner and he made a representation to the selection committee to consider his candidature under the reservation.

Since there was no response, he moved the high court by filing a writ petition.

"Undoubtedly, the petitioner is a bright student," the judge said.

Balaji had a score of 480 marks out of 500 in Class 10 and 1,061 marks out of 1,200 in Class 12. His NEET score was 117.

"It is paining to note that God is too severe to candidates like that of the petitioner," the judge said, noting that the petitioner's visual impairment, as per the disability certificate is 75 per cent.

As per the prospectus, which details the recommendation of an expert on visual impairment (under the head 'Operational Recommendations') a person with visual disability of 40 per cent or more shall not be eligible to pursue graduate medical education.

Hence, "this Court is left with no other option, but to turn a blind eye to candidates like that of the petitioner, in view of the guidelines and policy decisions of the government, which cannot be said to be illegal," the judge said.