The court held that failing to provide reasonable accommodations to a disabled student during exams constitutes discrimination, affirming the right to equal educational opportunities.

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 5^th attempt for the 1^st Year MBBS course and to pass such further or other orders.

2. The case of the petitioner is that she passed her 12^th 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, she was selected to undergo the MBBS course and was admitted for the academic year 2021–2022. She has been undergoing the course in the Thanjavur Government Medical College. After undergoing the 1^st year MBBS course, she appeared for the examinations, wherein the candidates are required to clear three subjects, namely, Human Anatomy (Paper I and Paper II), Physiology (Paper I and Paper II), and Bio-chemistry (Paper I and Paper II).

3. The petitioner was not able to clear the examinations in the first attempt. In the first three attempts, the petitioner cleared Physiology. In the 4th and final attempt, she wrote both Human Anatomy and Biochemistry. She cleared Human Anatomy Paper I and Paper II. As far as Biochemistry, she failed. She scored 77 marks instead of the minimum required 80 marks. Under the said circumstances, citing the mandatory regulations of the National Medical Commission that no more than four attempts shall be allowed for a candidate to pass the First Professional Examination, the petitioner was sought to be discharged from the course. As a matter of fact, the petitioner made a representation claiming mercy and seeking one more attempt to clear the examination, which was also rejected by the second impugned order. Under the said circumstances, challenging both the orders, the petitioner is before this Court.

4. The writ petition is resisted by the respondent authorities by filing a counter affidavit. It is stated that the regulations are mandatory in nature and that even though the petitioner’s physical condition exists, there is no question of any mercy or additional opportunity contrary to the regulations once the petitioner has availed all four attempts and could not clear the papers, even though she failed only by 3 marks, no authority or this Court can come to the rescue of the petitioner.

5. In the teeth of the said pleadings, when the Court heard the learned counsel for the petitioner and the respondents, the photograph of the petitioner was placed before this Court. The nature of the disability of the petitioner is stated to be “multiple flexion in interphalangeal joints and other congenital deformities with dwarfism, with cranio-vertebral junction anomaly”, with 42% disability.

6. Considering the said facts, this Court referred the petitioner to the Medical Board constituted at the Rajiv Gandhi Government General Hospital, which deals with cases relating to admission into medical courses and other colleges. Accordingly, pending the writ petition, the petitioner appeared before the Medical Board and the following is the opinion of the Medical Board, which is extracted hereunder in toto for ready reference:-

“Proceeding of the Regional Medical Board, Rajiv Gandhi Government General Hospital, Chennai – 600 003.

No.139/RMB/RGGGH/2025 He