• Reservation to MBBS

The Central government has provided reservations of 5% to disabled persons and has included mental illness too under the 21 categories of disability.

My brother is suffering from Schizophrenia but he is aspiring to become a doctor and is preparing for NEET examination. 

In the wake of recent judgement by supreme court allowing low vision student to pursue MBBS,I wanted to know whether my brother is eligible to claim reservation under mental illness category for MBBS.

My brother has been undergoing Schizophrenia treatment for the past 5 years and the doctors have advised him to be with in the prescribed limit of 40% as mentioned in the guidelines. Is it advisable to take the mental illness certificate from Govt medical college for claiming reservation?

Is the recent supreme court judgement applies to only low vision students or applicable to all the 21 disabled categories? Does the judgement strike out all the MCI guidelines regarding reservations to disabled?

Can Schizophrenia persons claim reservation under mental illness category for MBBS admission?

I have approached many but couldn't get a proper response from anyone.

Kindly Clarify my doubts regarding the reservation.
Asked 4 years ago in Constitutional Law

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14 Answers

The recent decision of low vision person to be made eligible for MBBS does not apply to the person having mental problem.

Refer tot the disability rules. i am sure there is non for the person suffering from mental illness.

If not then your brother is not eligible for this. However you can try your luck by filing a writ petition in supreme court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) advisable to take certificate from govt hospital that brother is suffering from mental illness

2) he Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 provide the broad guidelines for issue of the disability certificates. The Rules lay down that a Medical Board, duly constituted by the Central and the State Government, shall issue a Disability Certificate. The certificate issued by the Medical Board makes a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Governments or Non-Governmental Organisations, subject to such conditions as the Central or the State Government may impose.

3) Sc has held Persons With Low Vision Can’t Be Denied Reservation In Admission To MBBS Course, ...

4) mentally ill persons can also claim reservation

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Your problem requires some research and investigation and requires lot of time and patient. It is a peculiar and rare problem to be delta with carefully by talented persons. You may share full details with any of the experts of Kanoon.com in person and resolve the issue.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

it would not be a problem if disability certificate is linked to aadhar card

you should agree to linking disability certificate with aadhar card

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Mental illness has been recognized as one of the disabilities under Section 2 (i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Disability certificate is requisite to claim reservation but disability must be above 40% and not with in 40%.

Adhaar is not mandatory for banking and telecom,rest it needed.

NO problem.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, it is advisable to file a RTI for seeking adequate information about the criteria of reservation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

National Eligibility-cum-Entrance Test (NEET), candidates have got admission to medical colleges in the past two years. This was made possible by the “percentile” system under NEET that was supposed to keep non-meritorious students out.

Before NEET was made mandatory in 2016, the cut-offs for admission were 50% marks for the general category, and 40% for the reserved categories. From the 2016 admission year, these were changed to 50th and 40th percentile, respectively, opening the doors to candidates with just 18-20% marks in the NEET aggregate.

Here’s how it happened. In 2015, you needed 50% marks for admission in the general category, so you would have had to score at least 360 out of 720 marks. But in 2016 you only needed to be in the 50th percentile, which meant scoring 145 out of 720, or barely 20%.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

NEET Reservation policies and criteria are applicable for 15 % All India Quota (AIQ) seats as per Government of India norms. On the other hand, criteria for reservation in state quota seats are subject to the rules of the state governing body/counselling authority. To claim seats under reserved categories through NEET, candidates must satisfy additional criteria specified in the official notification.

NEET Cut Off 2019 NEET Result 2019 NEET Seat Intake NEET Counselling 2019

Latest Update –

The conducting body of NEET 2019 is the National Testing Agency (NTA).

NEET 2019 will be conducted in online mode only.

The examination of NEET 2019 will be conducted twice a year. It is, however, not mandatory on the part of the candidates to sit for the exam both times.

Multiple sittings will be held for NEET 2019 and the candidates will have the option to choose the exam date from the eight sittings provided.

A network of test centres will also be established by the NTA so that candidates from the rural areas can have ample opportunities to practice.

To equate the two tests, measures like psychometric methods, standardisation techniques and the best of the two equated scores will be used.

The manner of the tests will be scientific and developed jointly by psychometricians and subject matter experts.

About NEET 2019

As per the latest updates, the National Testing Agency will hold the competitive entrance examinations that were organised by CBSE earlier. NEET and JEE Main are the first two exams that will be conducted by NTA once a year in offline mode. The sessions are as follows:

For NEET – May 5, 2019

For JEE Main – January 6 – 20, 2019 and April 6 – 20, 2019

Read More about NTA NEET

Reservation Under 15% All India Quota

The reservation of seats for 15% All India Quota is indicated in the table below:

Category Seats Reserved (Percentage)

Scheduled Caste 15%

Scheduled Tribe 7.5%

OBC (Non-creamy layer) 27%

Physically handicapped 3%

Note: There is no reservation of seats for candidates from OBC-Creamy layer.

Once the Result for NEET has been declared, a merit list for All India Quota (AIQ) will be released.

All central, state and private colleges/universities will participate in All India Quota counselling through which 15% of the total seats will be filled.

There will be 2 rounds of centralized counselling conducted by MCC.

Students will have to register themselves on the official website of MCC for the same.

As per latest notification, Andhra Pradesh and Telangana shall also participate in All India Quota Counselling from this year. Thus, they no longer need to submit a self declaration form.

Candidates from J&K still need to submit a self declaration to take part in (AIQ) counselling. Read More

Under the All India Quota, there is reservation of seats in medical colleges and dental colleges for SC, ST, OBC and Physically Handicapped candidates. Only those who meet the Cutoff For NEET shall be eligible for counselling.

NEET Reservation for Physically Handicapped Candidates under AIQ

3% of the seats under AIQ are reserved for Physically Handicapped Candidates and will be available only to students with locomotor disabilities of lower limbs between 50%-70%.

If these seats remain vacant, they will be made available to candidates with locomotor disabilities of lower limbs between 40%-50%.

For admission under the Physically Handicapped category, candidates are required to produce a disability certificate issued from any of the following institutions, at the time of admission:

a) Vardhman Mahavir Medical College, Delhi

b) All India Institute of Physical Medicine and Rehabilitation, Mumbai

c) Institute of Post Graduate Medical Education & Research, Kolkata

d) Madras Medical College, Chennai

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

disability certificate can be obtained after evaluation by a psychiatrist. According to Indian Psychiatric Society, disability certification will be done if the disability is above 40%. This is calculated by the Indian Disability Evaluation and Assessment Scale (IDEAS).

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Your brother is not eligible to claim reservation as the reservation is only for physically challenged person, and not for people who are suffering from schizophrenia.

If you feel that this needs to be changed, you will have to file a writ petition in Supreme Court.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Linking of Aadhar Card with the disability certificate would cause no problems to your brother in future.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Hello,

Yes he is eligible for the reservation but you should get the certificate from a govt hospital .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Disability certificate can be obtained after evaluation by a psychiatrist. According to Indian Psychiatric Society, disability certification will be done if the disability is above 40%.

This is calculated by the Indian Disability Evaluation and Assessment Scale (IDEAS).

Mental illness has been recognized as one of the disabilities under Section 2 (i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. "Mental illness" has been defined under Section 2(q) of the said Act as any mental disorder other than mental retardation.

As per the guidelines, despite having benchmark disabilities, candidates with Speciic

Learning Disabilities (SpLD), visual

impairment, hearing impairment, and autism are considered ineligible for the disability quota in the medical course.

There is an upper cap of 60% for non-dominant upper limb disability and spine involvement; and 80% for disabilities

arising from haematological and chronic neurological disorders; and lower limb disabilities

Currently Autism and mental illness with 40% or more are not recommended and not eligible for medical course in disability quota.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The medical board in the government hospital issuing the disability certificate has informed that they would link the disability certificate to Aadhar card.

Is it mandatory to link Aadhar card with disability certificate?

The latest supreme court judgment has made it mandatory for linking the aadhar card for getting government benefits.

Will there be any problem in the future to my brother for job prospective,if they link the disability certificate with the Aadhar card?

What is the problem you anticipate in this regard, it actually would be beneficial to him in future also.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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