HC holds candidate suffering from dysgraphia eligible for veterinary course

Dec 06, 2022 07:39 PM IST

The division bench of justice Nitin Sambre and justice Sharmila Deshmukh declared the petitioner eligible for admission to BVSc and AH course from persons with disability category and directed the university to consider his candidature for admission to 2022-23 batch

Mumbai The Bombay high court on Tuesday directed the Maharashtra Animal and Fishery Sciences University to consider candidature of an 18-year-old suffering from dysgraphia for a veterinary science course through quota for persons with disabilities (PWD). The university had rejected his candidature entirety only because he belongs to intellectually disabled category.

HC holds candidate suffering from dysgraphia eligible for veterinary course
HC holds candidate suffering from dysgraphia eligible for veterinary course

The division bench of justice Nitin Sambre and justice Sharmila Deshmukh declared the petitioner eligible for admission to BVSc and AH course from persons with disability category and directed the university to consider his candidature for admission to 2022-23 batch.

As the 18-year-old was desirous of pursuing veterinary science degree course, he appeared for NEET in May-2022 under OBC and PWD category and secured 143 marks out of 720. Pursuant to a clause of the brochure issued by the admissions authorities, on October 10, 2022, he appeared before the medical board, which after thoroughly examining declared him “a person having intellectual-disability and eligible to pursue medical education and also eligible to claim PWD reservation.”

However, on November 18, when the provisional merit list was put up on the university’s website, the 18-year-old’s name figured in the list of disqualified candidates. In the petition filed through advocate VM Thorat, he stated that the university had rejected his candidature entirely, only because he belonged to intellectually disabled category.

The university opposed the petition, contending that the veterinary professional has to deal with life of innocent animals and has to perform field work, handling large and small animals, perform surgery etc. and these activities can be performed only by a physically and mentally sound persons. It added that physically or mentally handicapped candidates may lack quick response and lead to accidents.

Advocate Thorat, however, submitted that the petitioner was suffering from benchmark disability, as contemplated under the Rights of Persons with Disability Act, 2016 and therefore could not have been denied admission to undergraduate veterinary degree course under PWD category.

The lawyer pointed out that candidates suffering from dysgraphia are considered eligible for admission to MBBS course, but not for veterinary degree course. He also brought to the notice of the court a recent advertisement issued by the Maharashtra Public Service Commission (MPSC) inviting applications for live-stock officers, in which 3 per cent seats are reserved for handicapped candidates, which included intellectually disabled.

The court accepted his contentions and allowed the 18-year-old to pursue the BVSc and AH course from PWD category.

What is dysgraphia?

It is a neurological condition and learning difference where the person has difficulty with writing. Person suffering from dysgraphia has issues writing or translating thoughts into words through writing. However, it is manageable with interventions that can help you learn new writing strategies.

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