Madras High Court
The Chairman vs Minor.S.Subasri on 3 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:917
WA.No.613 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
WA.No.613 of 2025
and
CMP.No.4925 of 2025
The Chairman,
Admission Committee-UG,
Tamil Nadu Veterinay and Animal Sciences University,
Madhavaram Milk Colony,
Chennai - 600 051. ... Appellant
Vs.
Minor.S.Subasri, aged 17 years,
D/o.Sivakumaran,
Represented by her natural guardian
Sivakumaran. ... Respondent
Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 18.10.2024 in W.P.No.27732 of 2024.
For Appellant : Mr.S.Vijayakumar
Senior Counsel
for Mr.K.N.Pandian
For Respondents : Ms.CP.Selvin Jenith
Page 1 of 10
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WA.No.613 of 2025
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
The writ order dated 18.10.2024 passed in W.P.No.27732 of 2024 is
sought to be assailed in the present intra-court appeal.
2. The Chairman, Admission Commisttee - UG, Tamil Nadu
Veterinay and Animal Sciences University is the appellant before this Court.
3. The respondent filed a writ of mandamus to direct the
Chairman, Admission Committee - UG to allocate one seat for the respondent
in course of B.V.Sc under the physically disabled category and provide
reason for the rejection of the respondent during the first counselling
conducted on 04.09.2024.
4. The writ Court considered the issue and made a finding that the
District Medical Board, Villupuram have already given a disability certificate
on 21.08.2024 by assessing the disability of the respondent at 60%. The
Government of India also issued a permanent Identity card to the respondent
on 05.08.2022 by assessing 60% disability to the respondent. Without
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considering those certificates issued by Government of Tamil Nadu and
Government of India, the application submitted by the respondent was
rejected which is contrary to the notification issued by the appellant.
Accordingly, the writ petition was allowed.
5. Dissatisfied with the orders of the writ Court, the Admission
Committee preferred the present intra-court appeal.
6. Mr.S.Vijayakumar, the learned Senior Counsel appearing on
behalf of the appellant would mainly contend that the disability certificate
obtained by the Government of Tamil Nadu or any other Medical Board will
not be accepted by the Admission Committee and the said application will be
considered only for receiving the application and after selection process and
during the course of counselling, the Medical Board constituted by the
Admission Committee will examine the percentage of disability and that
alone will be taken into consideration for the purpose of admitting a student.
When it is notified in the prospectus itself in clear terms that the Admission
Committee will conduct examination through the Board constituted by the
Admission Committee, the respondent cannot rely on the disability certificate
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issued by the Tamil Nadu Government Authority or the Government of India.
In the present case, the Medical Board constituted by the Admission
Committee examined the respondent and found that the respondent suffer
25% disability and therefore, not eligible for admission to B.V.Sc Course.
The learned single Judge has not considered the prospectus which is binding
on the applicants and therefore, the writ appeal is to be considered.
7. Ms.CP.Selvin Jenith, the learned Counsel for the respondent
would oppose by stating that even an interim order passed by the writ Court
has not been complied with. One seat was directed to be reserved, which was
not done. That apart, the respondent suffered disability of 60% and the same
was assessed by the Government of Tamil Nadu and the Medical Board. The
writ Court taking into consideration the disability certificate issued by the
Medical Board of the Government of Tamil Nadu and Government of India
granted the relief and thus the writ appeal is to be rejected.
8. This Court considered the arguments made between the parties
to the lis on hand.
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9. Prospects for admission to undergraduate degree programmes
for the Academic Year 2024-25 was issued. Clause 4.3.1 provides for
Differently-abled [BVSc & AH and BTech(FT/PT/DT]. The relevant portion
of the said clause reads as under:
"...................
THIS RESERVATION IS PROVIDED ONLY FOR THE
CATEGORY OF LOCOMOTOR DISORDERS OF LOWER LIMBS
RANGING FROM 40% TO 80%. ANY OTHER DISABILITY WILL
NOT BE CONSIDERED.
Candidates with less than 40% disabilities are NOT
ELIGIBLE for reservation provided that the candidates are eligible
to apply for Undergraduate Degree Programmes of TANUVAS
under general category. However, such candidates have to submit a
physical fitness certificate. The presence of significant Locomotor
Disability with or without any other significant disability-such as
visual or hearing speech or learning etc. which will make it difficult
for the candidate to pursue and complete the course satisfactorily
and may significantly increase the risk to the candidate - may be
declared INELIGIBLE for admission.
Other conditions for admission to the degree programmes are
applicable as in the case of General Category. The candidates
seeking admission under this special category are required to
produce a certificate obtained from the authorised District Medical
Board of the area concerned constituted for the purpose of assessing
the nature and extent of physical disability in the format (Annexure
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- II in Page No.62) prescribed in this prospectus. The certificate
must have been obtained within THREE MONTHS PRIOR to
submitting the application for seeking admission under this category.
If the candidate has obtained the medical certificate earlier/failed to
submit the Medical Certificate, then their application will be
rejected under this special category.
The medical certificate received without the specific
recommendation of the District Medical Board will not be
considered for selection under this special category. The candidate
appearing for counselling will be physically examined by the
medical officer/board specifically constituted for the purpose and
whose decision on eligibility is final. The candidates who have
previously applied for UG degree programmes under the differently-
abled category and made ineligible by the Medical Board are not
eligible to apply under this category. Such application will be
summarily rejected. The selected differently-abled candidates of
Tamil Nadu will be exempted from paying tuition fees and special
fees of the total college fees prescribed by the University"
10. The above clause would unambiguously stipulate that the
Medical Certificate received without specific recommendation of the District
Medical Board will not be considered for selection under the Special
category. The candidate appearing for the counselling will be physically
examined by the Medical Officer/Board specifically constituted for the
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purpose and whose decision on eligibility is final.
11. The applicants were made clear that the Medical Certificates
produced by them are unacceptable for the purpose of percentage of
disability and the Admission Committee will conduct a separate medical
examination through the Board constituted by the Admission Committee and
it is further made clear that the assessment of the Medical Board constituted
by the Admission Committee regarding eligibility became final. Having
admitted the said clause in the prospectus and the respondent admittedly
participated in the medical examination conducted by the Medical Board
specifically constituted by the Admission Committee cannot turn around and
claim that the disability certificate produced by her at the time of submission
of application is to be taken into consideration for providing admission.
12. This Court has gone through the Medical Certificate issued by
the designated Medical Board constituted for the purpose of TANUVAS
Undergraduate Admission 2024-2025. The Medical Board consist of five
Doctors including speciality Doctors. They have assessed the disability of the
respondent as 25% and concluded that the respondent is not eligible for
admission to B.V.Sc/BTech Course as per VCI Gazette
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Notification/TANUVAS Rules. The said Medical Certificate for differently
abled person issued by the designated Medical Board become final as per the
prospectus and binding on the respondent. That being so, the Medical
Certificate produced by the respondent at the time of submission of
application was rightly rejected by the appellant. Thus, the findings of the
writ Court in paragraph no.10 of the order impugned is running counter to the
conditions stipulated in the prospectus issued to the respondent which is
binding on the candidates.
Consequently, the Writ Order dated 18.10.2024 passed in
W.P.No.27732 of 2024 is set aside and the Writ Appeal stands allowed. No
costs. Consequently, connected miscellaneous petition is closed.
[S.M.S,J.] [K.R.S,J.]
03.04.2025
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
The Chairman,
Admission Committee-UG,
Tamil Nadu Veterinay and Animal Sciences University,
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Madhavaram Milk Colony,
Chennai - 600 051.
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S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
veda
03.04.2025
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