Observing that “compassion is the only universal language which blind can see, deaf can hear and dumb can speak,” the Madras High court (Madurai Bench) has directed the Government Pudukottai Medical College Hospital to admit a student with 90% vision impairment in the MBBS course.
Justice V. Parthiban said that in such matters, “exemplary compassion” had to be shown to such persons in furtherance of the laudable and noble objective the Rights to Persons with Disabilities Act, 2016, seeks to achieve. He said if seats were already filled, then the student could be admitted in any other medical college in the State. The provisions under the Act are benevolent in nature and the authorities concerned ought to give positive thrust by implementing it rather than defeating it with a pedantic approach, the judge said.
The court was hearing the case of M. Jabakar of Tirunelveli, who sought a direction to college authorities to allow his son J. Vibin to pursue the MBBS course.
According to the petitioner, his son’s visual impairment was originally assessed at 75%.
After successfully clearing public examination and NEET, his son secured the 285th rank in all-India quota under the special category. He claimed that his son was allotted the Government Pudukottai Medical College Hospital following online counselling.
At the time of admission, the college had sought a copy of the allotment order and a disability certificate issued by the Madras Medical College (MMC). Following a test, the MMC, however, certified the visual impairment to be 90%, following which the Pudukottai college refused to admit Vibin.
The petitioner said that the certificate was contrary to the one issued by the Government of Tamil Nadu and sought a direction for the admission to be granted.
Provisions of Act
Passing the orders, the court said that the refusal to honour the allotment order issued was without appreciation of the provisions under the Right to Persons with Disabilities Act, which was enacted to give an opportunity to the differently abled to pursue their career option with dignity, courage and conviction. It was a sad reflection of a Kafkaesque mindset, unmindful of the harm that might be inflicted on such persons, the court said.
