‘Pained at qualified visually impaired student’s anguish’

Justice S Vaidyanathan who dismissed the petition moved by J S Vignesh Balaji said, “It pains to note that God is too severe to candidates like that of the petitioner. Since, despite being meritorious, the petitioner is not eligible to pursue medical education, as, he has not satisfied the conditions stipulated in the prospectus and the guidelines framed by the Medical Council of India (MCI).” 

“In the case on hand, the petitioner’s visual impairment, as could be seen from the disability certificate is 75% and as per the prospectus under the head ‘Operational Recommendations’, a person with visual disability of 40% or more (category III or greater) shall not be eligible to pursue Graduate Medical Education,” the judge held. 

He further added, “Undoubtedly, the petitioner is a bright student.  He has scored 480 marks out of 500 in X Standard and 1061 marks out of 1200 in XII Standard. Hence, this Court is left with no other option, but to turn a blind eye to candidates like that of the Petitioner, in view of the Guidelines/Policy decisions of the Government, which cannot be said to be illegal.” 

The Petitioner had contended that after coming to know that out of 120 seats allocated to Handicapped quota only 20 seats were filled, he had made a representation to the Selection Committee on July 05, 2018, enclosing a copy of his Disability Certificate from Salem District Medical Officer and District Medical Board seeking to consider him for counselling under Physically Handicapped Quota.  But as there was no response to his representation, he had moved the High Court.