High Court of KeralaSingle JudgeWrit petitions dismissed; no interference with ...

Shivendu R. Sekhar v. State of Kerala and Others

Case / Petition Number:WP(C) Nos. 3019/2022, 3046/2022, 3260/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2022-02-07
Court Decision / Holding
This Court finds no reason to interfere and dismisses the writ petitions. The State Level Committee’s eligibility determination, guided by MCI regulations and KEAM Prospectus, is upheld. The Medical Boards’ assessments, which have found the petitioners not suitable for MBBS under PwD quota, are consistent with central medical norms. The court notes that W.P.(C) No.27225/2020 does not apply to State quota admissions and that the earlier decisions in 16743/2019 and 1694/2019 support respecting expert medical opinions. Consequently, the petitions fail and relief is denied.
Final Disposition
Writ petitions dismissed; no interference with the State Level Committee’s decision on PwD admissions under KEAM-2021.

Parties to the Case

Appellants / Petitioners

  • Shivendu R. Sekhar
  • Muhammed Iyas T.S.
  • Ms. Sreya LM

Respondents

  • State of Kerala represented by its Secretary to Government, Department of Health and Family Welfare
  • The Commissioner for Entrance Examinations
  • The Director of Medical Education
  • The Principal, Kozhikode Medical College
  • The Principal, Thiruvananthapuram Medical College
  • The Principal, Thrissur Medical College
  • The Principal, Kottayam Medical College
  • The Principal, Ernakulam Medical College
  • The Principal, Manjeri Medical College
  • The Principal, Palakkad Medical College
  • The Principal, Alappuzha Government TD Medical College
  • The Principal, Government Medical College, Kollam
  • The Principal, Kannur Government Medical College
  • The Medical Board constituted under the Prospectus for Professional Degree Courses-2021 (Parippally, Kollam)
  • The Medical Board constituted under NEET (National Eligibility cum Entrance Test) for Government Medical College, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri.V.A. Muhammed
  • • Sri.M. Sajjad
  • • T. Ramprasad Unni
  • • R.S. ASWINI SANKAR
  • • T.H. ARAVIND
  • • S.M. PRASANTH
  • • G. RENJITH
  • • C. UNNIKRISHNAN (KOLLAM)
  • • M.R. SUDHEENDRAN
  • • ANANDA PADMANABHAN
  • • UTHARA A.S
  • • MAHESH CHANDRAN
  • • VIJAYKRISHNAN S.
  • • S. MENON

Counsels for Respondents

  • • SRI.P.G.PRAMOD, Government Pleader(GP-50)

Case Synopsis & Summary

These writ petitions challenge the denial of MBBS admissions under the Persons with Disabilities (PwD) quota for KEAM-2021. The petitioners—three 18-year-olds with 40% physical disability certified by district/state medical boards—had NEET qualification and were included in the PwD category, with data sheets indicating eligibility for MBBS. They allege that after eligibility, they could not exercise admission options on the KEAM portal, as the option facility was not provided and they were informed of ineligibility for the PwD quota. They argue that withdrawal of benefits already granted (disability certification and eligibility) and denial of a portal option violates Articles 14, 16, 19 and 21 of the Constitution, and contravenes the KEAM Prospectus-2021 and MCI Regulations mandating 40% disability. They rely on Ramesh Kumar v. Ram Kumar (AIR 1984 SC 1029) to claim a distinction between rejection of an application and cancellation of a granted benefit, and cite W.P.(C) No.27225/2020. The respondents contend that admission under PwD quota is governed by the Prospectus, with the State Level Committee finalizing eligibility, guided by the Medical Boards and MCI Regulations. The Court held that while certificates show disability, the State Level Committee’s decision, in line with MCI regulations, is binding; it declined to interfere, and dismissed the petitions, upholding the PwD quota mechanism.

Provisions of Law Cited

Constitution of India Articles 14, 16, 19, 21Medical Council of India Regulations on admission of Persons with Disability in MBBS CoursesProspectus for Admission to Professional Degree Courses 2021 (KEAM-2021)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the KEAM-2021 Prospectus earmarks 5% seats for Persons with Disabilities (PwD). Once a Medical Board certifies disability and eligibility, the State Level Committee cannot deny the benefit or restrict the candidate’s option to admission. They rely on the 40% disability norm under MCI regulations, and argue that denial without proper hearing undermines legitimate expectations created by disability certificates. They also cite Ramesh Kumar v. Ram Kumar to emphasize the distinction between rejection of an application and cancellation of a granted benefit, and reference W.P.(C) No.27225/2020 to argue for the necessity to protect the eligibility granted by the board. They urge that the State Level Committee should not substitute its view where the medical board has found eligibility and capability to perform essential functions of MBBS. The petitioners seek declaratory relief and direction to permit admissions under PwD quota.

Contentions of Respondents

The State argues that PwD admissions are governed by the KEAM Prospectus 2021, with the final eligibility determined by a State Level Committee after medical verification by District and State Medical Boards. It cites MCI regulations requiring 40% disability for PwD admission and asserts that the Committee’s decision is binding and aligned with central guidelines. It contends that the petitioners’ disabilities, particularly impairments in limb function, render them unsuitable for MBBS per the PwD quota, and that the cited judgments are not directly applicable to admissions under the State quota. The respondents maintain procedural consistency and that no coercive interference is warranted.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Ramesh Kumar v. Ram Kumar and OthersAIR 1984 SC 1029PositiveCited to illustrate the distinction between rejection of an application and cancellation of a granted benefit; however, the court ultimately relies on MCI regulations and KEAM Prospectus, not on this principle to grant relief.
W.P.(C) No.27225 of 202027225/2020DistinguishedMentioned to indicate a related line of reasoning on disability admissions but distinguished as not dealing with State quota admissions.
W.A. No.1694 of 20191694/2019PositiveDivision Bench upheld the principle of not substituting the court’s view where the Medical Board’s opinion exists.
W.P.(C) No.16743 of 201916743/2019PositiveCited for alignment with the stance that expert medical opinions should be respected; the court followed this precedent.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 7[TH] DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943** **WP(C) NO. 3019 OF 2022** ## **PETITIONER:** **SHIVENDU R.SEKHAR, AGED 18 YEARS, D/O. CHANDRASEKHARAN R., IEMPANTHANATHU CHIRAKKADAVU CENTRE P.O., KOTTAYAM-686519.** **BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD** ## **RESPONDENTS:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **3 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695011.** **BY ADVS. SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2022, ALONG WITH WP(C).3046/2022, 3260/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)No.3019,3046,3260/2022** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 7[TH] DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943** **WP(C) NO. 3046 OF 2022** ## **PETITIONER:** **MUHAMMED IIYAS T.S, AGED 18 YEARS, SON OF T.S.SHAJAHAN, THEKKETHALA HOUSE, METHANAM, PANAYIKULAM P.O., ERNAKULAM, PIN-683511.** **BY ADVS. T.RAMPRASAD UNNI R.S.ASWINI SANKAR T.H.ARAVIND S.M.PRASANTH G.RENJITH** ## **RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF HEALTH AND WELFARE,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.**| |**2**|**THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,**| ||**5TH FLOOR, KSHB BUILDINGS, S.S.KOVIL ROAD,**| ||**SANTHI NAGAR, THIRUVANANTHAPURAM-695001.**| |**3**|**THE DIRECTOR OF MEDICAL EDUCATION,**| ||**DIRECTORATE OF MEDICAL EDUCATION,**| ||**MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.**| |**4**|**THE PRINCIPAL,**| ||**KOZHIKODE MEDICAL COLLEGE, MEDICAL COLLEGE JUNCTION,**| ||**MAVOOR ROAD, PIN-673008, KOZHIKODE.**| **WP(C)No.3019,3046,3260/2022** **3** - **5 THE PRINCIPAL, THIRUVANANTHAPURAM MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.** - **6 THE PRINCIPAL, THRISSUR MEDICAL COLLEGE, PRINCIPAL'S OFFICE, ACADEMIC BLOCK, GOVERNMENT MEDICAL COLLEGE, MEDICAL COLLEGE P.O., MULAGUNNATHUKAVU, THRISSUR-680596.** - **7 THE PRINCIPAL, KOTTAYAM MEDICAL COLLEGE, GANDHI NAGAR, KOTTAYAM, KERALA-686008.** - **8 THE PRINCIPAL, ERNAKULAM MEDICAL COLLEGE, HMT ROAD, HMT COLONY, NORTH KALAMASSERY, KOCHI-683503.** - **9 THE PRINCIPAL, MANJERI MEDICAL COLLEGE, GOVERNMENT MEDICAL COLLEGE, VELLARANGAL, MANJERI, KERALA-676121.** - **10 THE PRINCIPAL, PALAKKAD MEDICAL COLLEGE, EAST YAKKARA, KUNNATHURMEDU P.O., PALAKKAD-678013.** - **11 THE PRINCIPAL, ALAPPUZHA GOVERNMENT TD MEDICAL COLLEGE, ALAPPUZHA, VANDANAM, ALAPPUZHA-688005.** - **12 THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOLLAM, PARIPPALLY, KOLLAM-691574.** - **13 THE PRINCIPAL, KANNUR GOVT. MEDICAL COLLEGE, CAMPUS ROAD, PARIYARAM, KERALA-670503.** **BY ADVS. SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2022, ALONG WITH WP(C).3019/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)No.3019,3046,3260/2022** **4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 7[TH] DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943** **WP(C) NO. 3260 OF 2022** ## **PETITIONER:** **Ms.SREYA LM, AGED 18 YEARS, D/O.SREEKUMAR.H, VADAKKEVEEDU, KUREEPUZHA, KAVANAD.P.O, KOLLAM, NOW RESIDING AT UTHRADAM HOUSE, NO.7, RAMANKULANGARA NAGAR, KOLLAM.** **BY ADVS. C.UNNIKRISHNAN (KOLLAM) M.R.SUDHEENDRAN ANANDA PADMANABHAN UTHARA A.S MAHESH CHANDRAN VIJAYKRISHNAN S. MENON** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE COMMISSIONER OF ENTRANCE EXAMINATIONS, 5TH FLOOR, KSHB BUILDING, SS KOVIL ROAD, SANTHI NAGAR, THIRUVANANTHAPURAM, KERALA-695001. 3 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE, MEDICAL COLLEGE, KUMARAPURAM RD, CHALAKKUZHI, THIRUVANANTHAPURAM, KERALA-695011.** **WP(C)No.3019,3046,3260/2022** **5** **4 THE MEDICAL BOARD CONSTITUTED UNDER THE PROSPECTUS FOR PROFESSIONAL DEGREE COURSE-2021, GOVT.MEDICAL COLLEGE, PARIPALLY, KOLLAM-691574, REPRESENTED BY ITS CHAIRMAN.** **5 THE MEDICAL BOARD CONSTITUTED UNDER NEET(NATIONAL ELIGIBILITY CUM ENTRANCE TEST), GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM, KERALA-695011, REPRESENTED BY ITS CHAIRMAN.** **BY ADVS. SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2022, ALONG WITH WP(C).3019/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)No.3019,3046,3260/2022** **6** ## **JUDGMENT** **Dated this the 7[th] day of February, 2022** In all these cases, the petitioners are candidates who desire to get admission to MBBS Courses through KEAM Examination. 2. W.P.(C) No.3019 of 2022 has been filed by a candidate who has 40% Physical Disability. Ext.P2 Certificate issued by the Department of Health Service would indicate that the petitioner has 40% disability in relation to weakness of hand-old crush injury hand. 3. The petitioner states that the petitioner took part in National Eligibility-cum-Entrance Test (NEET) and secured 162 score. As per Ext.P1 Prospectus, candidates who have cleared the NEET examination will have to submit application **WP(C)No.3019,3046,3260/2022** **7** under KEAM. The petitioner, therefore, submitted application under KEAM-2021. The petitioner being a candidate with physical disability, she appeared before the Medical Board constituted by the Commissioner of Entrance Examinations. The Medical Board found that the petitioner is having 40% disability and is fit for MBBS admission. In Ext.P5 data sheet published in the portal, the petitioner is declared as qualified for admission to MBBS Course. 4. When the petitioner tried to upload her options, she found that the facility of submitting option was not provided in the candidate portal of the petitioner. The petitioner approached the respondents and she was informed that the petitioner is not eligible for MBBS Course and therefore option facility cannot be provided to the petitioner. It is aggrieved by the refusal to enter into the portal and give options that the petitioner has filed W.P.(C) No.3019 of 2022, seeking to direct the 2[nd] respondent to permit the petitioner to submit her option for admission to MBBS, 2021. **WP(C)No.3019,3046,3260/2022** **8** 5. The petitioner in W.P.(C) No.3046 of 2022 also applied for admission to MBBS under the KEAM-2021. The petitioner is a candidate with 40% locomotor disability as evidenced by Ext.P3. The petitioner was accordingly included in the category of persons with disability and was ranked at No.13 in Ext.P6. The petitioner in W.P.(C) No.3046 of 2022 was also not afforded the facility to opt. The petitioner would submit that the denial of giving option facility to the petitioner is illegal and unwarranted. The petitioner, therefore, seeks to declare that the denial of admission to the petitioner in the Medical Course in any one of the Medical Colleges in the State is violative of Articles 14, 16, 19 and 21 of the Constitution of India. 6. In W.P.(C) No.3260 of 2022, the petitioner is a person with disability. Ext.P2 certificate issued by the Kerala Health Service Department would show that the petitioner has 40% disability due to Infantile Hemiplegia Left Side. The All India Medical Board found that the petitioner has 40% **WP(C)No.3019,3046,3260/2022** **9** disability, as per Ext.P3 and the petitioner was certified as eligible for admission to Medical Courses. The petitioner contends that the Medical Board constituted for admission under the KEAM held that the petitioner is not suitable for MBBS Course. The petitioner, therefore, is before this Court seeking to declare that the petitioner is having eligibility for admission to Medical Courses in view of Ext.P3 Certificate issued by the NEET Medical Board. 7. The learned counsel for the petitioners would urge that as per the Prospectus, the candidates, who have cleared NEET Examination, have to submit separate application for KEAM. The petitioners have made applications. When the Medical Board found that the petitioners are having 40% disabilities and are fit for MBBS admission, the Commissioner for Entrance Examinations cannot deny the right of the petitioners. 8. The learned counsel for the petitioners urged that as per the Prospectus, 5% of the seats is set apart for **WP(C)No.3019,3046,3260/2022** **10** Physically Disabled candidates and the petitioners are entitled to be admitted to one of the 63 seats. 9. The learned counsel for the petitioners further argued that there is no justification or reason for denying the rightful claim of the petitioners to join in any one of the Medical Colleges and pursue Medical Education. The learned counsel for the petitioner in W.P.(C) No.3046 of 2022, relying on the judgment of the Apex Court in _**Ramesh Kumar v. Ram Kumar and others** [AIR 1984 SC 1029],_ argued that there is a distinction between the rejection of the application and cancellation of the benefit already granted. In the case of the petitioner, it is denial of benefit already granted. Such denial cannot be sustained unless the petitioner is given an opportunity of hearing in the matter. 10. The petitioners were granted certificates certifying that they are eligible for admission to MBBS Courses. The Committee under the Commissioner for Entrance Examinations is taking away those rights. No reason is **WP(C)No.3019,3046,3260/2022** **11** advanced for taking away those rights. In cases where a benefit already granted is taken away, reasons should be provided. There is a difference between the application cases and forfeiture cases. Therefore, in view of the dictum laid down by the Hon'ble Apex Court in _**Ramesh Kumar**_ (Supra), the denial of the admission to the petitioners, to the Medical Courses under the quota for Physically Disabled, is highly illegal and unsustainable. 11. The counsel for the petitioners further argued that the conclusion arrived at by the Medical Board under the KEAM, cannot stand the scrutiny of law. Once a competent Medical Board has issued Medical Certificates certifying disability of the petitioners and holding that they are eligible for admission to Medical Courses, a Committee under the Commissioner for Entrance Examinations cannot hold otherwise. All the petitioners contended that their disability is negligible and they will be able to effectively carryout the functions of a Doctor, if they pass MBBS. **WP(C)No.3019,3046,3260/2022** **12** 12. The petitioners also relied on a judgment of this Court in W.P.(C) No.27225 of 2020, wherein this Court held that in the matter relating to admission to educational institutions, especially against the quota earmarked for persons with disability, what is to be considered is as to whether the candidates are in a position to perform the essential functions of the Course and if they are able to perform the essential functions of the Course, admission shall not be denied to them on the ground of their disability. 13. The learned Government Pleader entered appearance and contested the writ petition. The learned Government Pleader pointed out that the admission to MBBS Courses is divided into two, one under All India quota and other under the State quota. For admission under the State quota, the petitioners have to submit a Medical Certificate from the District Board. The candidate will have to appear before the State Medical Board and obtain a Certificate. The Certificate so issued by the District Medical Board and State **WP(C)No.3019,3046,3260/2022** **13** Medical Board will be considered by a State Level Committee as provided in Ext.P1 Prospectus. 14. Ext.P1 Prospectus states that for claiming reservation in PwD category, the Certificate of disability from the District Medical Board certifying the percentage of degree of disability is to be produced before the State Medical Board at the time of Medical verification. The State Medical Board constituted as per Government Order dated 17.02.2022, consisting of medical experts in General Medicine / ENT / Neurology / OrthoPediatrics / Opthalmology / Psychiatry and Physical Meditation / Rehabilitation, will examine the degree of Physical Disability of the candidates. The Prospectus makes it clear that the State Medical Board has the power to review a Certificate issued by the District Medical Board. 15. A clearance by the State Level Committee is mandated under Ext.P1 Prospectus, pointed out the learned Government Pleader. The State Level Committee constituted by the Government under the Chairmanship of the **WP(C)No.3019,3046,3260/2022** **14** Commissioner for Entrance Examinations will take a final decision on the eligibility of candidates for PwD quota. Therefore, it is for the State Level Committee to take a final decision as regards the eligibility of candidates for admission to MBBS Courses under the PwD Quota. None of the petitioners have challenged Ext.P1 Prospectus, contended the learned Government Pleader. 16. The learned Government Pleader also pointed out that the procedure followed by the respondents have been upheld by this Court in Ext.R2(c) judgment in W.P.(C) No.16743 of 2019. Ext.R2(c) judgment was upheld by a Division Bench as per Ext.R2(d). The Division Bench also pointed out that the precise reason for determining the unsuitability of a student to pursue MBBS Course is reflected by the Medical Board and this is consistent with the details indicated in the Prospectus. The Court should not substitute its own views when the opinion of the Medical Board is available on the issue. In view of the judgment of this Court in W.P.(C) **WP(C)No.3019,3046,3260/2022** **15** No.16743 of 2019, upheld by Ext.R2(d) judgment in W.A. No.1694 of 2019, no interference is called for in these cases. 17. The learned Government Pleader further pointed out that the judgment of this Court relied on by the petitioners in W.P.(C) No.27225 of 2020 relates to admission under the All India quota. The provisions and Prospectus of KEAM were not considered in the said judgment. Therefore, the said judgment in W.P.(C) No.27225 of 2020 cannot be applied to the case of the petitioners. 18. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 19. The admission to the MBBS Course is primarily governed by the qualifications prescribed by the Medical Council of India. The Medical Council of India Regulations provide that as far as admission of Persons with Disability in MBBS Courses is concerned, the candidate should have 40% disability. **WP(C)No.3019,3046,3260/2022** **16** 20. Ext.P1 Prospectus for admission to Professional Degree Courses, 2021 issued by the Commissioner for Entrance Examinations provides a mechanism for deciding the eligibility of Persons with Disability for admission to MBBS Course. The mechanism provides a medical examination by the District Board and State Board as well as its clearance by a State Level Committee constituted by the Government under the Chairmanship of the Commissioner for Entrance Examinations. The said Committee is represented by special invitees from the Engineering / Pharmacy / Medical / Agricultural/ Veterinary / Forestry / Fisheries Specialties, who will be taking final decision on the eligibility of a candidate for PwD quota. The decision will be as per the criteria fixed by the various Central Councils and the suitability of the candidate to study a particular course. It is made clear in Ext.P1 that the recommendations of the State Level Committee will be binding on the candidates. **WP(C)No.3019,3046,3260/2022** **17** 21. Though the petitioners were issued with certificates by the District and State Boards certifying that their disabilities are of such a nature that they are eligible for admission to MBBS Course, the State Level Committee constituted by the Commissioner for Entrance Examinations has found that the petitioners' disabilities, especially the disabilities relating to functioning of the limbs, make the petitioners ineligible for admission to MBBS Course. This Court finds that the decision of the State Level Committee is in tune with the Regulations framed by the MCI with regard to admission of students to MBBS under PwD quota. 22. This Court finds that the judgment of learned Single Judge of this Court in W.P.(C) No.27225 of 2020, does not deal with the admission under the State quota. 23. This Court has already considered this issue in W.P.(C) No.16743 of 2019. This Court found that it may not be proper for this Court to sit over the finding rendered by an expert body and take a different conclusion in the matter of **WP(C)No.3019,3046,3260/2022** **18** eligibility of PwD candidates for admission to MBBS Courses. A Division Bench of this Court in W.A. No.1694 of 2019, while upholding the judgment in W.P.(C) No.16743 of 2019, held that the Court should not substitute its own views when the opinion of the Medical Board is available on the issue. The experts from different Medical Institutions have assessed disabilities of the petitioners and found that their disability is of such a nature which makes them unsuitable to pursue MBBS. In the circumstances, this Court finds no reason to interfere in the matter. The writ petitions stand dismissed. Sd/- **N. NAGARESH JUDGE** SR **WP(C)No.3019,3046,3260/2022** **19** ## **APPENDIX OF WP(C) 3019/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSE 2021. Exhibit P2 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 10.2.2016 ISSUED BY THE MEDICAL BOARD. Exhibit P3 TRUE COPY OF THE HIGHER SECONDARY CERTIFICATE ISSUED BY THE BOARD OF PUBLIC EXAMINATION, KERALA. Exhibit P4 TRUE COPY OF THE SCORE CARD NEET EXAMINATION. Exhibit P5 TRUE COPY OF THE CANDIDATE DATA SHEET IN KEAM 2021. Exhibit P6 TRUE COPY OF THE CATEGORY WISE LIST IN RANK ORDER OF PERSONS IN THE DISABILITY QUOTA FOR ADMISSION TO MEDICAL COURSE DATED 4.1.2022 PUBLISHED BY THE COMMISSIONER OF ENTRANCE EXAMINATION. Exhibit P7 TRUE COPY OF THE NOTIFICATION NO.CEE/3600/KEAM-2021/TA4 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATION. Exhibit P8 TRUE COPY OF THE COMPLAINT MADE TO THE ENTRANCE COMMISSIONER THROUGH E-MAIL ON 26.1.2022. Exhibit P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 27.1.2022. Exhibit P10 TRUE COPY OF THE OPTION SUBMITTED BY THE PETITIONER THROUGH E-MAIL ON 27.1.2022. Exhibit P11 TRUE COPY OF THE RESULT PUBLISHED BY THE COMMISSIONER OF ENTRANCE EXAMINATION. Exhibit P12 TRUE COPY OF THE E-MAIL ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATION DATED 19.09.2021. Exhibit P13 TRUE COPY OF THE REPORT PREPARED BY THE STATE MEDICAL BOARD DATED 23.09.2021.** **WP(C)No.3019,3046,3260/2022** **20** |**Exhibit P14**|**TRUE COPY OF THE NOTIFICATION**|**TRUE COPY OF THE NOTIFICATION**| |---|---|---| ||**NO.CEE/3600/KEAM-2021/TA4**|**DATED**| ||**04.01.2022.**|| |**EXHIBIT P15**|**TRUE COPY OF THE RELEVANT PAGES**|**OF THE**| ||**CATEGORY LIST (REVISED) FOR MBBS AND**|| ||**ALLIED COURSE FROM AMONG THE**|**PERSONS**| ||**FOR DISABILITY AS ON 31.01.2022.**|| |**EXHIBIT P16**|**TRUE COPY OF THE COLOUR PHOTOCOPY OF**|| ||**THE MEDICAL BOARD REPORT.**|| |**RESPONDENTS' EXHIBITS:**||| |**ANNEXURE R2(A)**|**TRUE COPY OF ANNEXURE XXIV(i)**|**OF THE**| ||**PROSPECTUS WHICH IS THE MCI GUIDELINES**|| **WP(C)No.3019,3046,3260/2022** **21** ## **APPENDIX OF WP(C) 3046/2022** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 TRUE EXTRACT OF RESERVATION FROM THE PROSPECTUS ISSUED BY THE GOVERNMENT OF KERALA.** **Exhibit P2 TRUE COPY OF CERTIFICATE NO.C2/MB/1284/19 DATED 30.5.2019 ISSUED BY THE DISTRICT MEDICAL BOARD, ERNAKULAM.** - **Exhibit P3 TRUE COPY OF CERTIFICATE NO.G2.16331/2021/GM(M) DATED 22.9.2021 ISSUED BY THE STATE MEDICAL BOARD.** - **Exhibit P4 TRUE COPY OF SCORE CARD ISSUED BY THE SENIOR DIRECTOR (NEET (UG), IN THE NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG)-2021 ISSUED TO THE PETITIONER.** - **Exhibit P5 TRUE COPY OF CONFIRMATION REPORT OF NEET RESULT ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.** - **Exhibit P6 TRUE COPY OF CATEGORY WISE LIST IN RANK ORDER FOR ADMISSION TO MEDICAL COURSES ISSUED ON 4.1.2022 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.** - **Exhibit P7 TRUE COPY OF ONLINE INTIMATION BY THE CEE KERALA-KEAM SENT TO THE PETITIONER.** - **Exhibit P8 TRUE COPY OF INTIMATION (KEAM-2021) - OPTION REGISTRATION.** - **Exhibit P9 TRUE COPY OF LICENCE No.KL41 20210008427 ISSUED ON 10.12.2021 BY THE LICENSING AUTHORITY, ALUVA.** **RESPONDENTS' EXHIBITS:** **ANNEXURE R2(A) TRUE COPY OF ANNEXURE XXIV(i) OF THE PROSPECTUS WHICH IS THE MCI GUIDELINES** **WP(C)No.3019,3046,3260/2022** **22** ## **APPENDIX OF WP(C) 3260/2022** ## **PETITIONER'S EXHIBITS:** **Exhibit P1 A TRUE COPY OF THE CATEGORY WISE LIST IN RANK ORDER FOR KEAM 2021 ISSUED BY THE 2ND RESPONDENT DATED 04/01/2022 Exhibit P2 A TRUE COPY OF THE DISABILITY CERTIFICATE DATED 20/12/2020 ISSUED BY KOLLAM DISTRICT HOSPITAL Exhibit P3 A TRUE COPY OF THE CERTIFICATE 22/09/2021 ISSUED BY THE MEDICAL BOARD OF THE GOVT. MEDICAL COLLEGE,TRIVANDRUM. Exhibit P4 A TRUE COPY OF THE LETTER NO.CEE/3600/KEAM-2021/TA2 DATED 18/09/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 27/01/2022 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P6 A TRUE COPY OF THE SCORECARD OF THE PETITIONER IN NEET 2021. Exhibit P7 A TRUE COPY OF THE KEAM ADMIT CARD 2021 OF THE PETITIONER.** **RESPONDENTS' EXHIBITS:** **ANNEXURE R2(a) TRUE COPY OF ANNEXURE XXIV(i) OF THE PROSPECTUS WHICH IS THE MCI GUIDELINES ANNEXURE R2(b) TRUE COPY OF THE MEDICAL REPORT OF THE PETITIONER ANNEXURE R2(c) TRUE COPY OF THE JUDGMENT DATED 18.07.2019 IN w.p.(c) No.16743/2019 ANNEXURE R2(d) TRUE COPY OF JUDGMENT DATED 26.07.2019 IN W.A.1694/2019**