THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.30495 of 2014 Dated: 20.11.2014 Between:
Ms. Thenarangam S. Sangitha (Minor) Rep. by her natural guardian/father Sri T. Srinivas .. Petitioner and Govt of Telangana, Rep. by its Secretary, Dept. of Health, Medical & Family Welfare (E.1) Department, and others.
.. Respondents Counsel for the petitioner: None appeared Counsel for respondents 1to3: AGP for Medical, Health & F.W.
Counsel for respondent No.4: Mr. A. Prabhakar Rao The court made the following:
ORDER:
Feeling aggrieved by the action of respondent No.4 in not providing admission in M.B.B.S. course to the petitioner, this writ petition is filed.
At the hearing, there is no representation for the petitioner.
I have heard Mr. A. Prabhakar Rao, learned Standing Counsel for respondent No.4, and perused the record.
The petitioner has pleaded that she suffers from defective upper limb and that she is not being treated as a physically handicapped person for the purpose of admission into M.B.B.S. course.
On behalf of respondent No.4, its Registrar by name S. Babulal filed a counter-affidavit. It is inter alia stated in the counter-affidavit that as per the Medical Council of India Regulations on Graduate Medical Education, only the candidates with locomotory disability of lower limbs between 50% and 70% are provided with reservation of 3% seats.
The relevant Regulation framed by the Medical Council of India reads as under:
“3. 3% seats of the annual sanctioned intake capacity shall be filled up by candidates with locomotory disability of lower limbs between 50% to 70%.
Provided that in case any seat in this 3% quota remains unfilled on account of unavailability of candidates with locomotory disability of lower limbs between 50% to 70% then any such unfilled seat in this 3% quota shall be filled up by persons with locomotory disability of lower limbs between 40% to 50% - before they are included in the annual sanctioned seats for General Category candidates.
Provided further that this entire exercise shall be completed by each medical college/institution as per the statutory time schedule for admissions and in no case any admission will be made in the MBBS course after 30th of September.”
As per the petitioner’s own pleading and also as evident from the certificate dated 08.10.2009 issued by the Medical Board, Government of A.P., the petitioner suffers from deformity with loss of function of right hand to the extent of 60%. As per the Regulation of the Medical Council of India reproduced above, the petitioner, who does not suffer from any deformity of lower limbs, is not entitled to be considered against the quota of 3% reserved for physically handicapped persons.
In the above facts and circumstances of the case, I do not find any illegality in the action of respondent No.4 in not considering the petitioner against the 3% quota reserved for physically handicapped persons for admission into M.B.B.S. course.
The writ petition is, accordingly, dismissed.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.38125 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 20th November, 2014 IBL