Karnataka HC directs allotment of med seat to student with 40% ocular disability

The Dharwad bench of the Karnataka High Court has directed the Medical Counseling Committee (MCC) to accommodate a student with 40% ocular disability in the MBBS course for the academic year 2021-22 at Belgaum Institute of Medical Sciences.

The petitioner-student Tazeen Inamdar had approached the court challenging the provisional allotment letter dated April 5, 2022, issued in favour of another student from Noida. After online counseling in mop-up rounds, the petitioner was allotted a medical seat at Belgaum Institute of Medical Sciences. The seat was allotted in All India Quota under Person with Disability (PWD) through a provisional letter dated March 22, 2022, on the basis of a Disability Certificate which stated 40% disability without aid. All the requisite documents were submitted, prescribed fee was paid a day after and she started attending the academic session with effect from March 28, 2022.

However, the seat allotted to her was cancelled and allotted to another student because the petitioner could not produce the Disability Certificate before 5 pm on March 31, 2022. The petitioner said she went all the way to Goa and procured a fresh certificate from the Goa Medical College and Hospital, Bambolim. She had sent copy of the certificate through mail and WhatsApp, of course, a couple of seconds after cut-off time of 5 pm.

"At times, life plays tricks with persons and they become victims of circumstances, as has happened with the petitioner, a brilliant girl belonging to minority community. No prejudice would be caused to anyone if she is allotted the seat in question since 3rd respondent (Noida student) has already procured admission elsewhere. Otherwise, the vacant seat would go waste and that is not in the interest of anyone. Justice of the case warrants the poor petitioner being accommodated in the vacancy so that she would emerge as a good doctor to serve the society at large, in due course," the HC said.