Case Title: Dr Pooja S N v Union of India & Others
Case No: WRIT PETITION NO. 16631 OF 2023
Date of Order: 02-08-2023
INTRODUCTION
The Karnataka High Court recently ruled that the Medical Board, functioning as a group of experts, has the sole authority to assess the degree of a candidate’s disability. However, it does not have the jurisdiction to make a judgment regarding whether a candidate meets the requirements for enrolling in a medical course.
FACTS
The case involves a candidate with a non-progressive disability, initially assessed at 45% disability, who was admitted to a “Persons with Disability” seat. After completing her undergraduate studies with distinction, she was evaluated again by the Medical Board, which raised her disability assessment to 50%. However, the Board deemed her ineligible for a medical course based on National Medical Commission norms. The candidate contested this decision in the High Court. The central issue was whether the Medical Board could decide course eligibility.
COURT’S ANALYSIS
The Court emphasized that candidates with certified disabilities ranging from 40% to 80% are eligible for benefits under the quota system. Because the petitioner had a certified disability of 50%, the Court decided she should be considered under the “Persons with Disability” quota for selection.
Regarding the Board’s decision that the petitioner was ineligible based on NMC norms, the Court deemed it a result of thoughtless judgment and disregarded that part of the certificate.
The Court also criticized other respondents—the Union of India and The National Medical Commission and Medical Council Committee—for blindly following the Board’s stance.
As a result, the writ petition was accepted, and the authorities were instructed to reevaluate the petitioner’s case for admission under the “Persons with Disability” quota. The petitioner’s eligibility should be assessed without considering the disputed certificate section. The Court further stated that the respondents need not wait for the formal order copy to implement this decision.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Shreya Sharma
