HC Allows Doctor with 90 percent Disability to Participate in NEET PG Counselling

Chennai: The Madras High Court recently granted interim relief to a postgraduate medical aspirant with 90% locomotor disability allowing him to provisionally register and participate in the counselling process for the National Eligibility--Entrance Test Postgraduate (NEET-PG) 2024.

Earlier, a medical board of Rajiv Gandhi Government General Hospital had declared him ineligible to pursue the PG medical course. However, while considering the matter, the HC bench took note of the recent High Court order, in which the Court while considering a similar case allowed the candidate to undergo reassessment at JIPMER.

Accordingly, the Court ordered, "I am also inclined to issue an interim direction directing the second respondent to permit the petitioner to provisionally register and participate in the ongoing counselling process arising out the National Eligibility Entrance Test (NEET) PG 2024 pending disposal of the writ. It is made clear that the orders passed herein are subject to the result of the writ petition."

The HC bench was considering the plea seeking directions to the Medical Counselling Committee (MCC) and National Medical Commission (NMC) allowing the petitioner to provisionally register and participate in the ongoing counselling process for NEET PG 2024.

After completing his MBBS from China, the petitioner passed the Screening Test for Foreign Medical Graduates i.e. Foreign Medical Graduates Examination (FMGE) conducted by the National Board of Examinations for the June 2020 Session.

Subsequently, the petitioner was issued the Medical Registration Certificate dated 27.10.2020 by the Andhra Pradesh Medical Council. Unfortunately, on 10.07.2021, the petitioner met with an accident and had to undergo LT above Elbow Amputation, resulting in one arm disability. Despite passing the National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) 2024 exam on 11.08.2024 and obtained a percentile score of 76.8745884 and rank 50064.

The petitioner wanted to seek the benefit of a 5% reservation for persons with Benchmark Disabilities, as provided under Section 32 of the Rights of Persons with Disability Act, 2016. For this, the petitioner's disability was assessed and a Disability Certificate was issued.

Meanwhile, at the time of assessment, the Government notified the Postgraduate Medical Education Regulations, 2023 (PGMER 2023), which laid down the guidelines and the criteria for eligibility under PwD category for medical courses.

Regarding the issue of locomotor disability, these Regulations mentioned, that those with less than 40% disability were eligible for Medical Course, but not eligible for PwD quota. Those with 40-80% disability were eligible for medical course and PwD quota. However, the candidates with more than 80% disability were not eligible for medical course.

However, the said Guidelines also state that “[p]ersons with more than 80% disability may also be allowed on case to case basis and their functional competency will be determined with the aid of assistive devices if it is being used, to see if it is brought below 80% and whether they possess sufficient motor ability as required to pursue and complete the course satisfactorily.”

Meanwhile, the Regional Medical Board of Rajiv Gandhi Government General Hospital assessed the petitioner's disability at 90% and concluded that the petitioner was not eligible to pursue medical courses as per NMC norms.

Challenging this, the petitioner approached the HC bench and argued that while issuing the Disability Certificate, the Board did not take necessary steps to adjudge his functional competency but merely made the decision based on the quantification of disability.

While considering the plea, the HC bench referred to the Supreme Court order in the case of Omkar Ramchandra Gond Vs. Union of India and Others, where the Apex Court noted, "The Disability Assessment Boards assessing the candidates should positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course in question. The Disability Assessment Boards should state reasons in the event of the Disability Assessment Board concluding that candidate is not eligible for pursuing the course."

Apart from this, the Apex Court had also noted that pending the creation of the Appellate body, such decisions of the Disability Assessment Boards that give a negative opinion for the candidate will be amenable to challenge in judicial review proceedings and the court while considering such matter would refer the candidate's case to any premier medical institute.

The Court also noted that following the Supreme Court's judgment, the Madras HC in his order dated 05.02.2025, directed the JIPMER, Puducherry to constitute a Disability Assessment Board and further directed that the Board shall include a Doctor or a Health profession in the PwD category, as directed by the Director General of Health and Services on 24.03.2022.

Medical Dialogues had also reported about a case where the HC bench had granted interim relief to an aspirant suffering from 80% locomotor disability, who was declared ineligible to pursue an MBBS course and allowed him to undergo reassessment at JIPMER.

In this case also, citing NMC guidelines, a medical board by the Rajiv Gandhi Government General Hospital had declared her ineligible. The HC bench had issued the following guidelines:

(a) The Director of JIPMER shall constitute a Medical Board and inform the petitioner to appear before it within a period of four (4) weeks from the date of receipt of a copy of this order.

Relying on this order, the HC bench comprising Justice N Mala issued an interim direction directing the MCC to permit the petitioner to provisionally register and participate in the counselling process for NEET PG 2024.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-order-274902.pdf

Also Read: HC Allows MBBS Aspirant with 80 perecent Locomotor Disability to Undergo Re-assessment