‘Neurostimulator Neither Treatment Nor Cure’: Kerala High Court Declares Teenager With 40% Disability Eligible For PwD Quota In KEAM Courses
Case: Aswin Krishna Prasad v. State of Kerala & Ors.
Coram: Justice V.G. Arun
Case No.: WP(C) NO. 36743 OF 2022
Court Observation: “Consequently, the Commissioner for Entrance Examinations is directed to include the petitioner’s name in the provisional list of PwD candidates,”
“In Ext.P7 medical certificate, it is clearly stated that the disability is only temporarily relieved by the therapy and the underlined disease is persisting and has no cure with any of the treatment options available currently,”
“when the clinical condition has reached the stage of maximum improvement with medical treatment”
“…the guidelines relied on by the respondents have no application in the petitioner’s case, the deep brain stimulation provided through the neurostimulator being a therapy and not a treatment. The petitioner continues to be a person with 40% disability, who being provided relief by implanting the stimulator. Any other interpretation will be against the objective of the Act, intended to provide full and effective participation and inclusion in society of persons with disabilities,”
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Neurostimulator Neither Treatment Nor Cure
