Kerala High Court Directs 'Functionality Assessment' Test For NEET Aspirant With 50% Locomotor Disability To See MBBS Admission Eligibility

The High Court passed the interim order in a plea moved by her father challenging the disability certificate issued by the Disability Certification Board which deemed her ineligible to be admitted to either MBBS or BDS (Bachelor of Dental Surgery) courses. 

A single judge bench of Justice P M Manoj in its order observed that the board had conducted only a "quantitative analysis" to fix the range of disability as 50 per cent without assessing the functionality of both hands, and that the certificate was silent on an assessment regarding the "functionality" of the girl's hands. 

It said, “…mere quantitative analysis for assessing the range of the disability may not be sufficient. It is specifically required to conduct a functionality assessment as well in order to find out whether the candidate is fit to undertake the study of MBBS.”

Background

The petitioner's daughter had cleared the 2024 NEET-UG exam and achieved PwD (person with disability) Rank 1655.

In her medical evaluation, the petitioner's daughter was found as 'not eligible'.The disability certificate stated that she had a congenital deficiency of fingers in both hands and was not eligible to fulfil NEET PWD reservation eligibility criteria.

The petitioner argued that the disability certificate is arbitrary and inconsistent with the Graduate Medical Education Regulations, 1997. According to these regulations, the petitioner's daughter, who has a locomotor disability, falls under the category of 'Others'. The petitioner contended that individuals with a disability ranging from 40 to 80 percent, and who have intact hands with full sensation, are eligible to pursue an MBBS program. It was thus argued that his daughter was eligible for admission to MBBS Course. 

Findings

The High Court noted that the certificate issued by the board said that the petitioner's daughter was "not fit to be admitted for MBBS or BDS course". 

"In fact, on going by...certificate it appears that the authority who conducted examination has done only a quantitative analysis in order to fix the range of disability and found that she is a candidate of 50% disability," the court said. 

However, the court said, "nothing" was stated in "detail" about the assessment of the functionality of the girl's hands.

"No details of the test conducted in this regard is provided in the certificate.Thus, the certificate does not satisfy the conscience with respect to the 'intactness' mentioned in the Ext.P7 Regulations, as the deformities occurred to the petitioner's hands by birth.Thereby she may be differently abled," the order notes. 

In view of this, the high court directed that the petitioner's daughter shall undergo a functionality assessment test before a competent body recognized by the National Medical Commission. The court noted that it was stated that Trivandrum Medical College will be the competent agency to conduct such a medical assessment as it is recognized by the commission. 

The High Court after adding the college as a party respondent directed it to "constitute a Medical Board" to assess the functionality of both hands of the girl in order to ascertain whether it "suits the requirements of a medical student".

The exercise is to be conducted on Saturday (September 7) at 10 am and, the court asked the medical aspirant to make herself available before the Medical Board on the given date.

It further asked the college to submit a report on September 9 after the test is conducted, which "shall contain the details of the analysis of the functionality of each hand separately, and the conclusion should be with respect to the eligibility of the petitioner to undergo the curriculum of MBBS".

The matter is now kept on September 9. 

The plea has been moved by Advocates Maitreyi Sachidananda Hegde and Anjali Anil. 

Case Title: Riju Joseph v National Medical Commission Represented By Its Secretary