Madras High Court
M.Marimuthu vs The Registrar on 23 February, 2022
Author: Anita Sumanth
Bench: Anita Sumanth
W.P. No.4034 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.4034 of 2022
and WMP No.4178 of 2022
M.Marimuthu ...Petitioner
Vs
1. The Registrar,
Tamil Nadu Agricultural University,
Lawley Road, Coimbatore.
2. The Dean (Agri) cum The Chairman (Admission),
Agri College & Research Institute,
Tamil nadu Agricultural University,
Lawley Road, Coimbatore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for the differently abled quota
rank list for undergraduate admission 2021, published by the 2 nd respondents
and quash the same and further direct the respondents to include the name of the
petitioner in appropriate serial number in Differently Abled Quota Rank List for
Undergraduate Admission 2021 in the 2nd respondent.
For Petitioner : Mr.S.Jawahar
For Respondents : Mr.Abdul Saleem
Standing Counsel
1/9
https://www.mhc.tn.gov.in/judis
W.P. No.4034 of 2022
ORDER
Mr.Abdul Saleem, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with the matter finally. Hence, by consent of both sides, this Writ Petition is disposed finally even at the stage of admission.
2. The petitioner before me is aged 19 years and aspires for selection in the Tamil Nadu Agricultural University (TNAU). He has obtained 167.34 marks in the core subjects in the public examinations conducted in May, 2021.
3. He is orthopedically disabled and the disability certificate issued by the Orthopedic Senior Civil Surgeon, Government Hospital, Sankari, Salem quantifies the percentage of his disability at 70%. He thus applied to the TNAU under the special reservation available for differently abled. He was called for verification of documents and passed muster in this regard. The petitioner was advised to obtain a fresh disability certificate which requirement also, he complied with.
4. The District Medical Board, Government Mohan Kumaramangalam Medical College and Hospital, Salem duly examined him and issued a report to 2/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 the effect that his medical parameters, such as, blood pressure and mental acumen was normal.
5. He was independent in ambulation with or without calipers and did not require any support. He was certified to have good standing balance without need for any support. His right hand was found to be normal and the left hand, non-functional. The disability in the left hand was certified as non-progressive. In all, they certify at point 10 that he is eligible for consideration in the physically challenged quota.
6. The findings at points 10 and 11 of the report read thus:
“….
10. Whether eligible for consideration under Physically Challenged Quota: Yes
11. Whether the candidate is physically and mentally fit to be considered for admission in Agricultural College: Yes / No He is Right Hand dominant (functional) and walking independently. Fitness may be finalized based on Course Curriculum Needs-Right Hand only functional.”
7. The conclusions of the District Medical Board were thus to the effect that his fitness may be finalized based on the course curriculum needs. The Medical Officer of TNAU has however rejected the petitioner’s eligibility for admission, with a cryptic one liner, that reads as follows:
‘Only Right hand functional. His left hand be considered non-eligible.’
8. Mr.Saleem draws my attention to clause 2.2.2.1 of the prospectus 3/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 addressing the quota and procedure to be followed for differently abled candidates that states as follows:
2.2.2.1. Differently Abled Five percent of the seats are reserved for differently abled candidates. The applicant should fulfill all qualifying requirements.
However, the maximum age limit is relaxed to 26 years.
Candidates seeking admission against this reservation set apart for Hearing impaired/ Orthopedically Differently Abled / Visually Impaired should produce the certificate from the Medical Board of the District concerned certifying the nature and extent of disability in percentage. Certificates obtained from an individual Doctor will not be considered. Further, a separate TNAU Medical Team will examine the candidates with reference to their certificates and his/her suitability for admission to TNAU. Candidates must produce Signed Application Form along with Appendix IV (generated on submission of online application) and Medical Certificate.
9. He submits that the discretion as to whether a candidate may be admitted to the TNAU lies solely with the medical team. He was thus required to produce the findings of the medical team, based upon which the petitioner’s application had come to be rejected.
10. On instructions, he expresses his inability to provide the details as sought for, and would fairly accede to the position that there are no minutes, recommendations or findings arrived at by the medical team to justify the impugned order. Evidently, the rejection of the petitioners’ candidature is not based upon any reasoning and has been passed unilaterally by the medical 4/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 officer contrary to the stipulation in the prospectus.
11. I thus proceed to reject the same as being non-speaking, bereft of reasons and contrary to the procedure stipulated under the prospectus. The disability of the petitioner is not in question. Fitness, however, is another question altogether. The parawise remarks filed by the respondents to the averments in the writ petition are as follows:
“…….
1. Students have to handle acids and corrosive chemicals in the chemistry labs.
2. They have to take minute sections of plant samples with sharp blades for microscopic observation.
3. In the engineering labs students are to handle machineries like lathe, driving of tractors, handling of machine operated agricultural implements and tools.
4. In horticulture they have to undergo the practice of grafting and budding using knifes.
5. In the course of study each student has to undertake crop production course twice. Each time they will be given five cents of land in which all the agricultural operation from seeding/planting to harvest they have to undertake.”
12. Though this Court claims no expertise in regard to the curriculum needs fixed by the TNAU, the activities listed above are not such that they cannot be learnt to be performed by a candidate with the disability of the petitioner.
13. There are any number of instances where persons with disabilities 5/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 adapt to demanding requirements adopting creative means and methodologies to perform tasks that their disability might otherwise, and normally inhibit. A cursory search on the internet throws up many such inspiring instances. The headlines read thus:
(1) ‘I have no arms and legs that weigh me down,' How a man born without arms or legs learned to swim, surf, skydive – and speak in front of thousands.1 (2) Travis Cunningham, who was born without arms, learned to drive with help from Ian McClure, a certified driver rehabilitation specialist for Tidelands Health.2 (3) Carolina Tanaka Meneghel, 32, was born without arms, but she doesn’t let that stop her as she cooks and eats with her feet!3 (4)Artist with no hands, legs creates beautiful paintings4 (5) Born Without Hands, Chhattisgarh Artist Paints Masterpieces With His Feet5 (6) The story of Sarah Biffen, a Victorian English painter born with no arms and only vestigial legs.6 (7) He Lost His Right Arm When He Was 18 and today, farms, drives a Tractor and rides a motorcycle!7 (8) Triple amputee who became a doctor:8 1 https://www.bbc.com/worklife/article/20150318-leading-without-limbs 2 https://www.mycarolinalife.com/how-people- without-arms-can-drive/ 3 https://www.thatslife.com.au/i-cook-and-eat-with-my-feet 4 https://www.wsls.com/news/2020/01/27/artist-with-no-hands-legs-creates-beautiful-paintings/ 5 https://www.ndtv.com/offbeat/born-without-hands-chhattisgarh-artist-gokaran-patil-paints-masterpieces-with-his-feet-2253861 6 https://en.wikipedia.org/wiki/Sarah_Biffen 7 https://www.thebetterindia.com/49315/madhukar-anna-chidre-yavatmal-one-hand-farmer/ 8 https://edition.cnn.com/2016/06/22/health/turning-points-kellie-lim/index.html 6/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 (9) Born with one hand, TCOM student triumphs over challenges - Melissa Montoya, OMS II, has gained the skills to perform a colonoscopy, sutures and perform other medical procedures that generally require two hands.9
14. The instances are many, and profoundly inspiring. The petitioner has not allowed his disability to define him and it is expected of educational institutions to encourage and support such endeavours. The annals of history are rife with the achievements of those who have fought against odds and come up trumps. For an educational institution to reject the candidature of the petitioner on account of his disability thus militates with the expectation that such an Institution must nurture, encourage and provide all assistance to the student to overcome the odds.
15. Parallel therewith, a responsibility is also cast upon the Institution to ensure that all safety precautions and care is taken to sensitize the faculty, staff and student body and make the campus and infrastructural facilities including the laboratories inclusive and safe for those with disabilities, who dare to dream.
16. The stand adopted by the respondents is, in my view, myopic and cannot be countenanced. In light of the discussion as aforesaid, the impugned 9 https://thedo.osteopathic.org/2015/09/born-with-one-hand-tcom-student-triumphs-over-challenges/ 7/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 order is set aside and the petitioner must be permitted to participate in the counseling for the admission in the category as sought for.
17. Since the counseling is stated to be on-going as this order is being dictated, learned counsel for the respondents will convey the direction of this Court to the respondents to permit the petitioner to participate in the counseling forthwith. This Writ Petition is allowed. No costs. Connected Miscellaneous Petition is closed.
Index : Yes 23.02.2022
Speaking Order
sl
To
1. The Registrar,
Tamil Nadu Agricultural University,
Lawley Road, Coimbatore.
2. The Dean (Agri) cum The Chairman (Admission), Agri College & Research Institute, Tamil nadu Agricultural University, Lawley Road, Coimbatore.
DR.ANITA SUMANTH,J.
8/9 https://www.mhc.tn.gov.in/judis W.P. No.4034 of 2022 sl W.P. No.4034 of 2022 23.02.2022 9/9 https://www.mhc.tn.gov.in/judis