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Synopsis

The Karnataka High Court has declared that a medical board examining extent of disability of a physically challenged person is not authorised to decide eligibility of the candidate.

A division bench of Justices G Narendar and Vijaykumar A Patil said that the eligibility of a candidate is to be determined by the authorities 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, so the eligibility of a candidate cannot be certified by the board," the court 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. The board has traversed an area beyond its realms, which in our opinion is impermissible," it added.

The court was hearing a writ petition filed by Dr Pooja S N, who after completing her undergraduate medical course under 'persons with disability' category, applied for a PG course at Madras Medical College, Chennai. She underwent a mandatory examination by the medical board which concluded her disability as 50% but observed that the candidate is not eligible to pursue medical course as per National Medical Commission norms. 
 
"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 said.

It pointed out that as per the regulations, a person with a certain extent of disability is entitled to 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," the bench said.

The court allowed the petition, saying that the petitioner had made out a case for relief as she was otherwise eligible and also handicapped and the conclusion showed sheer non-application of mind.

It directed the National Medical Commission and Medical Counseling Committee to examine her case under the 'persons with disability' quota, without relying upon the conclusion by the medical board.

Case Title: DR. POOJA S N V. UNION OF INDIA AND OTHERS