NEET: PwD Reservation must be as per Unique disability ID, authority can't re-evaluate aspirant's disabilities: HC
Allahabad High Court
Allahabad: The Allahabad High Court recently observed that the benefit of reservation for the National Eligibility-Entrance Test (NEET) exam should be given based on the Unique Disability Identification Card (UDID) issued by the competent authority. Furthermore, it held that the authority under the National Medical Commission Act cannot re-evaluate the candidate's disability.
"...the only function which can be assigned to the authorities designated in terms of the guidelines issued by the National Medical Commission Act can be to assess the ‘functional disability’ for which the candidate would have to undergo test to form a view as to whether the person who has applied for NEET Examination is functionally able to undergo the studies and the rigours of the course. The same does not authorize the designated agency to reassess the disability suffered by the candidate in terms of the certificate issued by the UDID Authority," observed the Allahabad HC bench comprising Justice Pankaj Bhatia.
These observations were made by the HC bench while considering the plea of a NEET aspirant, who has 70% permanent disability in his body and leg. The petitioner obtained an UDID card from the competent authority. After clearing the National Eligibility-Entrance Test (NEET) 2025, the petitioner claimed reservation benefits in the 'Persons with Benchmark Disabilities' category. Under the PwBD category, the petitioner obtained the All India Rank of 997 in the NEET examination.
When the petitioner appeared before the Medical Institute, BHU, a three-member team granted him a medical certificate showing disability assessed at 31%. However, he was declared qualified to undertake medical studies in the functional disability test. It was also argued that as the benefit of the disability assessed by the Centre notified in the scheme was less than 40%, he would naturally not be entitled to the benefit of reservation accorded to the students suffering from benchmark disability which is more than 40%. Challenging the medical certificate, the petitioner approached the HC bench and requested for reservation in NEET admissions based on the UDID card.
While considering the matter, the HC bench referred to the Rights of Persons with Disability Rules, 2017 and explained that Rule 19 of the said Rules prescribes that a person to whom a certificate is issued under Rule 18 shall be entitled for all the facilities, concessions and benefits admissible for persons under the scheme of the Government and of Non-Government Organization. Therefore, the certificate once issued would be valid for claiming the benefits as flow in pursuance to the perscriptions contained in the Act and the various statutes.
"The said once issued under the statute and the rules framed cannot be overridden by any assessment done by any authority which is not an authority specified under the Act and the Rules," observed the HC bench.
"In the present case, the disability of the petitioner has been reassessed by the designated centre in terms of the guidelines prescribed by the National Medical Council. The said guidelines itself appear to be in variance with the interim guidelines for assessment method as were produced before the Supreme Court which led to the disposal of Writ Petition," it further noted.
The Court took note of the Supreme Court order in the case of Vishal Gupta vs Union of India and Others, where the Apex Court laid down guidelines regarding the evaluation methodology for admission of disabled candidates to the MBBS course for the assessment year 2025-2026.
Further, the bench also took note of the Supreme Court's decision in Om Rathore vs Director General of Health Services & Ors. and held that the Rights of Persons with Disabilities Act, 2016 provides for the rights of persons with standard disabilities.
The High Court bench noted that even the certificate issued by the authority designated under the NMC Act certified that the petitioner was not suffering from any functional disability to undergo MBBS course. However, the same assessed the disability at 31%. "..thus, which is less than 40% which is prescribed for claiming the benefit which flow in favour of the person with benchmark disability defined under Section 2(r) of the Act," noted the HC bench.
"Considering the fact that the petitioner qualified in the functional disability test and has been found suitable for undergoing medical studies, the disability certificate issued by the authority and reflected in the UDID would prevail for the benefit of grant of reservation. The functional disability test of the petitioner has been certified by the authority designated under the NMC Act, thus, this Court has no hesitation in holding that the petitioner would be entitled to register for NEET Examination which are opened from 08.08.2025 to 11.08.2025 and the petitioner would be extended the benefit of reservation to which he is entitled in accordance with law," it further observed.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/allahabad-hc-neet-admission-pwd--298501.pdf
