Bombay HC declares candidate with 40% intellectual disability eligible for veterinary seat – The Indian Express

A bench of Justices Nitin W Sambre and Sharmila U Deshmukh passed an order on Tuesday on a plea filed by an 18-year-old candidate. His petition stated that he was diagnosed with a specific learning disability (dysgraphia) in December 2017. It also said he had appeared for the National Eligibility-cum-Entrance Test in May under the Other Backward Classes and persons with disabilities (PWD) categories and secured 143 out of 700 marks.

According to the candidate, a medical board as prescribed in the admission brochure issued a certificate on October 10 declaring him as a person having intellectual disability at 40 per cent and eligible to pursue medical education and to claim PWD reservation.

“However, to the utter shock and surprise of the petitioner, as per provisional the merit list displayed on November 18 on the university’s website, his name came to be figured under the category of disqualified candidates,” the petition stated.

He then submitted a grievance application online but the university rejected his candidature entirely only because he belonged to the intellectually disabled category, prompting him to approach the court. “Due to such an inaction on the part of respondent university, the petitioner would lose his academic year and a bright future,” the petition said.

The university opposed the petition and submitted in the court that a veterinary professional has to deal with the lives of innocent animals and perform field work and surgery and that such activities can be performed only by a physically and mentally sound person. Physically and mentally disabled candidates may lack quick response, the university contended.

The court, however, accepted the candidate’s contentions and directed him to be admitted to the BVSc-AH course under the PWD category.