Medical Board cannot give conclusion on eligibility of disabled person: HC

Shyam Prasad | NT

Bengaluru: A Medical Board constituted to identify the extent of physical disability of a person cannot give its conclusion on the eligibility of such a person for a college medical seat, the High Court has said.

“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,” the HC said while setting aside the conclusion of the board denying the medical seat to a student.

The Division Bench of Justice G Narendar and Justice Vijaykumar A Patil heard the petition filed by 25-year-old Dr Pooja SN from Kadur challenging the disability certificate issued to her.

"The HC termed the certificate a result of “sheer non-application of mind.” Pooja had been assessed with disability of 45% and admitted to a seat reserved against quota reserved for “Persons with Disability”.

She completed her undergraduation and to apply for post-graduation, she underwent the mandatory examination conducted by the board designated at the Madras Medical College, Chennai.

The board assessed her disability at 50%, but while recording its conclusion it recorded that Pooja was not eligible to pursue medical course as per National Medical Council norms.

The HC said that it was for the Medical Council Committee to decide the eligibility of a candidate for a medical course and not that of the Medical Board.

“The key question is, 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.

“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 HC said.

Ruling in favour of the petitioner Pooja, the HC said, “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.”

The HC ordered that the part where the ‘conclusion’ is drawn by the Medical Board in its certificate “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.”