Disabled student challenges course eligibility

MADURAI: An aspiring medical student who has a congenital absence of her left hand filed a writ petition in the Madras High Court bench here challenging the condition that candidates with any other disability other than locomotory disability of the lower limb would not be considered for admission to MBBS/BDS course.In her petition filed yesterday, M Vanathi of Dindigul, sought to declare as "unconstitutional, and against the provisions of the Disabilties Act" the condition that states disabled applicants are eligible only if they have a locomotory disability of the lower limb.Vanathi, who belongs to the Most Backward Community with 60 per cent disability, said she had congenital absence of left hand (missing only the palm and fingers) and submitted that the Selection Committee, Directorate of Medical Education had "no authority" to declare that such persons were not eligible for admission."There is no logic or legal basis to confine reservation to a particular type of disability alone," submitted Vanathi, who had scored a cutoff mark of 191.The petitioner said the state's three per cent quota under the Disabilities Act for persons with orthopaedical disbility, that too of lower limb to the exclusion of other physically disabled persons was "without rationale, and ultra vires (beyond the powers)" of the respondent.Vanathi claimed she was never deterred by her deformity since childhood and had trained herself to perform with a single hand almost all activities required to be carried out by a normal person. She submitted she could ride the bicylce with ease and do domestic chores. After applying for MBBS seat under the Physically Disabled quota, however, Vanathi said she came to know she was not considered for selection as she had disability of upper limb.The petitioner said she could "very well" elicit signs during clinical examination, and had feeling and sensation, which were important for clinical diagnosis.Contending that only if she was admitted to the course could she prove through medical examination that she was capable of practising as a doctor, she submitted she had been able to secure admission for engineering, and the university concerned had not imposed any such restriction.On hearing the petitioner's plea, Justice K Venkataraman in his interim order directed the Selection Committee to keep one seat vacant, pending the outcome of the writ petition, and issued notice to officials including Secretary, Health Department, Directorate of Medical education, Selection Committee and Medical Council of India returnable in a week's time.