AI Structured Summary
Not yet generated for this judgment
Judgment
ORAL ORDER
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
A memo has been filed by the advocate for the petitioner enclosing a copy of the eligibility certificate dated 13.10.2026 issued by the Appellate Disability Assessment Board1, RGGGH, Chennai. In the declaration of Appellate Board, which reflect that a certificate has been issued by the Medical Assessment Board to the following effect:
“Final Determination
After considering—
(a)The candidates demonstrated functional competency;
(b)The feasibility of reasonable accommodation and assistive technology;
(c)The ability to successfully complete the MBBS Course and acquire the prescribed competencies; and
(d)Considerations relating to patient safety,
The Medical Assessment Board hereby certifies that the candidate is:
Conclusion : Eligible for PwD Reservation with reasonable accommodation
Recommended Accommodation(s): ON DETAILED INDEPENDENT ASSESSMENT BY THE APPELLATE BOARD, RGGGH, CHENNAI, TAMILNADU ON 13.10.2026, THE APPELLATE BOARD HAS RECOMMENDED THE FOLLOWING ACCOMMODATION.
1.CONTINUOUS COMPREHENSIVE REHABILITATION OF LEFT UPPER AND LOWER LIMBS INCLUDING PERIODICAL ASSESSMENT OF SPASTICITY AND ITS MANAGEMENT (SPASTICITY MEDICAL MANAGEMENT / INTERVENTIONAL SPASTICITY MANAGEMENT / SPASTICITY CONTROLLING ORTHOSIS)
2.THE CANDIDATE MAY BE PERMITTED TO AVAIL EXTRA TIME DURING EXAMS AND PRACTICALS IF NEEDED.
Declaration of the Medical Assessment Board
The Medical Assessment Board certifies that this determination has been made after conducting an individualized assessment based on objective medical and functional evidence, taking into account the essential competencies prescribed under the Competency Based Medical Education (CBME) Curriculum, the feasibility of reasonable accommodation and assistive technology, and considerations relating to patient safety. The determination has not been based solely on the diagnosis, category of disability, or percentage of benchmark disability.”
The learned Additional Solicitor General appearing for the respondent Nos.3 and 6, learned counsel appearing for the respondent No.4, learned counsel appearing for the respondent No.2 as well as the learned AGA appearing for the respondent No.1/State submit that in view of the aforesaid eligibility certificate issued by the Appellate Board, the petitioner is rendered eligible.
Sri. N.K. Ramesh, learned counsel appearing for the respondent No.2/Karnataka Examinations Authority2 states that in terms of the interim order of this Court a seat has been reserved in the Mandya Institute of Medical Science, Mandya3 for the petitioner.
In view of the aforesaid, the Writ Petition is partly-allowed in terms of the eligibility certificate issued by the Appellate Board. The respondents are directed to forthwith take steps for admission of the petitioner in the aforementioned Institution under the Persons with Disability (PwD) quota, subject to the payment of fee and other compliances that may be required on behalf of the petitioner.
We however, find that there is an element of disconnect between the assessment conducted by the Medical Assessment Board under the guidelines of the National Medical Commission4 and Medical Counselling Committee5 on one hand and the assessment of the Appellate Board on the other. It is for the said Authorities i.e. the NMC and the MCC to examine the matter, so that candidates applying under the PwD quota may be asked to appear before a Medical Assessment Board which Board should be well aware of the procedure. But for that, it is the guidelines of the NMC that have to be more specific.
The learned Additional Solicitor General is requested to communicate this order to the NMC and the MCC for their perusal.
The petitioner may approach the KEA within 48 hours for the needful.
All the pending applications are disposed of.