K Nandhinee had scored 1018 marks out of 1,200 in Class 12 exams held in March 2016. She sought for admission to the MBBS course as per the prospectus for 2016-17, wherein the criteria for disability of lower limbs was put at 50 to 70 per cent under physically challenged quota.
She was issued with a disability certificate by the District Medical Board, Villupuram, assessing her medical disability at 70 per cent.
Despite this, during counselling on June 20, 2016 the expert committee assessed her disability at 80 per cent and declared her ineligible for the course.
Following this, Nandhinee moved the High Court and a single judge dismissed her plea on July 11, 2016 citing the expert committee’s certificate. Aggrieved by this, she appealed against the said order.
The division bench comprising Justice Huluvadi G Ramesh and Justice K Kalyanasundaram, said, “In our considered view, though the appellant has got 80 per cent of disability on her lower limb, then also, she is eligible to get MBBS seat for the reason that the locomotory disability of the lower limbs of the appellant will not affect her in anyway in pursuing her studies and that she can attend the college and complete her medical course with some artificial aid.”
However, to the Government submission that only those who have emerged successful in NEET examination are entitled to get seats, the bench on holding that due to the improper consideration she has lost two valuable years, said,
“That apart, during 2016-2017, passing in NEET exam for pursuing medical course was not mandatory. If, now also, her case is rejected on that ground, it would be very difficult for her to undergo the NEET for no wrong committed by her.” Based on this, the bench directed the State to admit Nandhinee for the academic year 2018-19 forthwith, without insisting her to undergo NEET examination, if the candidate is found otherwise eligible on merit for that academic year.