NEET-UG 2023: Kerala High Court Permits Provisional Admission Of Candidates With Locomotor Disability

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the interim order stating,

"Prima facie we are of the opinion that when the appellants were permitted to take examination on the basis of the same disability and have cleared the same, the authority may proceed further with the admission and grant such admission if they are found otherwise eligible as per the object and the provisions of the Rights of Persons with Disability Act, 2016. The admission would be subject to the outcome of the writ appeals."

One of the appellants had secured a total of 231 marks out of 720 having a total of 70.03 percentile and secured an All-India Rank of 1285 in the PwD Category. The other had secured 520 marks out of 720 and a total of 95.79 percentile, and secured an All-India Rank of 83 in the PwD category. The appellants said that for the purpose of admission to the NEET Counselling, candidates seeking allotment through the PwD category would have to obtain a fresh certificate of disability from among the designated disability centre approved by the Secretary, Ministry of Social Justice and Empowerment.

The appellants were aggrieved that despite the Medical College at Thiruvananthapuram, the only designated board in the State of Kerala constituted for issuing the disability certificate for the purpose of NEET – UG 2023, having certified her permanent physical disability to be 70% and 43% respectively, the Medical Board however certified them not to be eligible for medical courses, on the ground of ‘bilateral lobster’.

The appellants allege that the Board had arbitrarily and without proper application of mind deemed them ineligible for the course..

Upon the directions of the Single Bench of Justice P.V. Kunhikrishnan, the Disability Certification Board, (Designated Disability Certification Centre-NEET), Madras Medical College, had thereafter conducted an assessment of the appellants' disability and found them to qualify the requirement of being eligible to avail the PwD Category reservation. However, the said Authority too certified that the appellants were not eligible for admissions in medical courses as per the NMC norms on the ground of not having structurally intact fingers, thereby disqualifying the appellants from pursuing any medical course.

The Single Judge had accordingly, dismissed their plea.

The present appeals are against the said dismissal of the plea by the Single Judge.

“The appellant being a person with disability, she is entitled to reasonable accommodation and certain relaxations among them is the benefit of “inclusive education” by a suitable modification to the examination system, as mandated by Section 17(i) of the RPwD Act. Inclusive education is indispensable for ensuring universal and non-discriminatory access to education and the right to inclusive education is realized only through the provision of reasonable accommodation., 2016,” the appeal states.

The appellants thus seek the decision of the Single Judge to be set aside, and to provisionally accept their application for Counselling (Allotment process) for NEET-UG – 2023 under the reservation allotted for OBC NCL/ PwD category.

The appellant was represented by Advocates P.A. Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Abee Shejirik, Muhamed Junaid V., Fathima Afeeda P., and Adith Krishnan.

Case Title: Neha Nizar v. Union of India & Ors. and Nidha T. v. Union of India & Ors. 

Case Number: WA 1507 of 2023 and WA 1508 of 2023

Click Here To Read/Download The Order