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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Preethi Sarafogi – Appellant
Versus
Union Of India, Represented by its Secretary, Ministry of Health and Family Welfare – Respondent
| Table of Content |
|---|
| 1. petitioner's eligibility and examination attempts. (Para 2 , 3) |
| 2. legal arguments surrounding examination attempts. (Para 4 , 8) |
| 3. court's observation on the petitioner's disability and additional time. (Para 5 , 6 , 11) |
| 4. regulatory framework and court’s assessment of rights. (Para 7 , 9 , 10) |
| 5. conclusion allowing the petition with conditions. (Para 12 , 13) |
ORDER :
D. Bharatha Chakravarthy, J.
The writ petition is filed with a prayer to call for the records on the file of the fourth respondent relating to the impugned order dated 06.08.2024 and that of the second respondent relating to the impugned order dated 08.08.2024, to quash the same, and to direct all the respondents to permit the petitioner to undergo the Bio-chemistry examination as the 5th attempt for the 1st Year MBBS course and to pass such further or other orders.
2. The case of the petitioner is that she passed her 12th Standard examination by securing 428 marks out of 500 in the year 2021. She appeared for the National Eligibility cum Entrance Test (UG), 2021, in which she scored 170 marks. The petitioner is a specially abled person with 42% locomotor disability. Under the said reserved category, sh
The court held that failing to provide reasonable accommodations to a disabled student during exams constitutes discrimination, affirming the right to equal educational opportunities.
The court established that all persons with disabilities are entitled to reasonable accommodations during examinations, ensuring no discrimination based on the nature of disability.
The quantified disability alone cannot disqualify a candidate from medical admission; functional assessment and reasonable accommodations are essential for eligibility under the Rights of Persons wit....
The court emphasized that eligibility for medical courses must be based on functional assessments rather than mere disability quantification, reinforcing the principle of reasonable accommodation for....
The principle of reasonable accommodation for candidates with disabilities must be strictly adhered to in the examination process.
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
The main legal point established in the judgment is the importance of meeting the eligibility criteria, including the condition of both hands being intact with intact sensation, sufficient strength, ....
The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and ....
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