Introduction:

In a significant ruling, the Kerala High Court directed Trivandrum Medical College to conduct a “functionality assessment” test for a 17-year-old medical aspirant with a 50% locomotor disability to determine her eligibility for the MBBS course. This interim order followed a challenge by the petitioner’s father against the disability certificate issued by the Disability Certification Board, which deemed her ineligible for MBBS and BDS (Bachelor of Dental Surgery) courses. The single-judge bench, led by Justice P M Manoj, noted that the existing certificate provided only a quantitative analysis of the disability without assessing the functionality of the girl’s hands.

Petitioner’s Argument:

The petitioner, represented by Advocates Maitreyi Sachidananda Hegde and Anjali Anil, argued that the disability certificate was flawed and arbitrary, as it did not assess the functionality of the petitioner’s hands, focusing solely on the percentage of disability. According to the Graduate Medical Education Regulations, 1997, individuals with a disability between 40% and 80% who have intact hands and full sensation are eligible to pursue an MBBS program. The petitioner contended that despite her daughter’s 50% locomotor disability, she met the criteria for medical studies, as her hands, although deformed by birth, were functional. The father argued that the existing certificate’s assessment was inconsistent with these regulations and that the functionality of her hands should be evaluated to accurately determine her eligibility.

Department’s Argument:

The Disability Certification Board maintained that the petitioner’s daughter was “not fit” for admission into MBBS or BDS courses, basing their decision on a quantitative analysis of disability. The board concluded that the degree of disability was too high to meet the eligibility criteria for medical courses. The certificate issued by the board indicated that the petitioner’s daughter, having a congenital deficiency of fingers in both hands, did not meet the necessary criteria set forth for medical education, particularly as the hands were not assessed functionally in the context of medical study requirements. The Department supported this approach, arguing that the existing criteria based on quantitative disability alone were sufficient for determining eligibility.

Court’s Judgement:

Justice P M Manoj’s interim order highlighted critical aspects of the case, particularly the lack of a detailed assessment of the functionality of the petitioner’s hands by the Disability Certification Board. The Court observed that a mere quantitative analysis of disability percentages was inadequate and that a comprehensive functionality assessment was necessary to determine whether the petitioner’s daughter could undertake the rigorous demands of an MBBS program.

The Court emphasized that existing regulations required a functional assessment to ensure that candidates with disabilities are capable of performing the tasks required in medical education and practice. The Kerala High Court, therefore, directed Trivandrum Medical College to conduct a functionality assessment test. The College was instructed to form a Medical Board to evaluate the functionality of the petitioner’s hands to determine if they met the requirements for medical students.

The functionality assessment was scheduled for September 7, with the College required to submit a detailed report by September 9. The report should include an analysis of the functionality of each hand and a conclusion regarding the petitioner’s eligibility for the MBBS curriculum.

The High Court’s decision underscores the importance of a thorough and accurate assessment process in determining the eligibility of candidates with disabilities, ensuring that all relevant factors are considered in accordance with established regulations.