Kerala HC Directs Functionality Assessment Test Of NEET Candidate With 50% Disability To Check Her Eligibility To Undergo MBBS Course
The Kerala High Court directed authorities to conduct a functionality assessment test of the NEET candidate with 50% disability to find out whether she is fit to undertake the study of MBBS.
The Court was hearing Writ Petition after an authority that conducted a disability examination did only a quantitative analysis in order to fix the range of disability and found that the girl is a candidate of 50% disability and said that she is not fit to be admitted to MBBS or BDS.
The bench of Justice P.M. Manoj observed, “…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.”
Advocate Maitreyi Sachidananda Hegde appeared for the Appellant.
Brief Facts-
The present case involved a 17-year-old girl who aspires to become a doctor and made it to the rank list in the NEET 2024 examination. However, her eligibility for MBBS admission is now in question due to congenital deformities in her hands. According to the Exhibit certificate, she was deemed unfit for admission to MBBS or BDS courses.
The Court said that the certificate does not satisfy the conscience with respect to the ‘intactness’ mentioned in the Regulations, as the deformities occurred to the Petitioner’s hands by birth.
The Court observed, “I am of the considered opinion that the petitioner shall undergo a functionality test of her both hands before a competent body recognized by the National Medical Commission.”
The Court said that the Trivandrum Medical College will be the competent agency to conduct such a medical assessment as the same is recognized by the National Medical Council.
The Court directed the additional 5th respondent to constitute a Medical Board to assess the functionality of both the hands of the petitioner in order to ascertain whether it suits the requirements of a medical student.
The Court said that the report of the Medical Board 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 Court posted the matter for September 09, 2024.
