Calcutta High Court Directs Authorities To Consider NEET Candidate's Disability Percentage In UDID Card For Eligibility Under PwD Category

The Calcutta High Court has directed the authorities to consider re-assessing a candidate who appeared for the NEET (UG) 2024 exam, and sought to be eligible under the PwD category.

A single bench of Justice Jay Sengupta heard the candidate's plea to set aside the disability certificate issued by the Designated Disability NEET Screening Centre, IPGME&R, Kolkata which assessed the petitioner's disability at 31%, and directed the authorities to reconsider the petitioner's disability assessment or consider the assessment under the petitioner's UDID card.

Petitioner claimed that in accordance with the previous certification issued by the NIMHANS and RG Kar Medical College and Hospital, the petitioner's disability was assessed at 63% and 55%, respectively and thus, allowed the petitioner to claim the benefits of reservation under the PwD category for NEET-UG, 2024.

Counsel appearing on behalf of the petitioner submitted that the petitioner participated in National Eligibility-cum-Entrance Test (UG), 2024 and suffers from Hereditary Neuropathy with Liability to Pressure Palsy (HNLPP), which was diagnosed in 2015, resulting in locomotor disabilities such as foot drop and weakness in all four limbs.

It was stated that the petitioner has been declared ineligible for PWD category reservation by the Designated Disability NEET Screening Centre, IPGME&R, Kolkata despite previous certificates from reputed institutions confirming the petitioner's disability as greater than 40%.

In fact, as per the Unique Disability ID issued to the petitioner after examination of disability in terms of the relevant law at the RG Kar Medical College and Hospital, Kolkata, the percentage of disability of the petitioner was found to be 55%. The said disability ID was valid from 29.12.2023 to 29.12.2024.

Counsel appearing on behalf of the National Testing Agency denied the allegations made in the writ petition and submitted that while the authorities at NIMHANS and RG Kar Medical College and Hospital, Kolkata had earlier assessed the petitioner's disability at 55% and 35%, respectively, the Designated Disability NEET Screening Centre, IPGME&R, Kolkata assessed the petitioner's disability at 31%.

The Information Bulletin of NEET (UG)-2024 laid down the detailed norms of the examination including the norms for counselling and reservation for the Medical Courses. Chapter 6.3 specified provisions relating to persons with disability. For extending the facilities of PwBD candidates, not only sub-clause c, but also sub-clauses b to g of Clause6.7 of the Information Bulletin are to be relied upon. Appendix - VII specified the list of disability certificating centres who issued disability certificates as per the National Medical Commission norms.

Therefore, whatever be the standard or procedure for issuing disability certificating under any other Act, for the purpose of getting admission to NEET (UG), the said guidelines would have to be followed. Therefore, the Disability Assessment Board was well within its power to re-assess the quantum of disability of a candidate.

Counsel appearing on behalf of the National Medical Commission opposes the prayer and counsel appearing on behalf of the State supports the stand taken by the other respondent authorities and submits that the petitioner was having 31% disability. Thus, he was not entitled to the quota in question.

Upon hearing the parties, the court considered the Supreme Court case of Om Rathod Vs. Director General of Health Services & Ors. where the Court laid down as follows.

“53. The disability of a person is quantified at the time of availing a Unique Disability ID Card. The quantification of disability is moot at the point of admission to educational courses since the eligibility for a person to benefit from reservation may be evaluated using the quantification in the UDID Card. If a person with disability wants to have themselves re-assessed so as to verify whether their disability falls within the prescribed parameters for reservation - they may choose to do so by updating their UDID Cards. The role of the Disability Assessment Boards must be tailored (with a functional competency approach) only for the course which the candidate seeks to pursue.”

Thus the Court held that it is no more settled law that the quantification of disability is to be done at the time of availing a Unique Disability ID Card and as per the Rights of Persons with Disabilities Act, 2016. The role of the Disability Assessment Board, on the other hand, is limited to assessing the functional competency of a candidate for pursuing a medical course.

In view of the above, the court directed the respondent authorities to act in terms of the above-referred directions passed by the Apex Court in Om Rathod (supra) and treat the certification of disability of the petitioner as per the UDID Card as the relevant document for providing the benefits of reservation under the PWD category for NEET (UG), 2024 and do the needful at the earliest.

It was stated that if the respondent authorities shall be at liberty to assess the functional competency of the candidate afresh by any medical institution of the WBMCC's choice except for the IPGME&R who had earlier dealt with the issue, within the 24th of this month.

Case: Mitadru Sau Vs. The State of West Bengal & Ors.

Case No: WPA 20814 of 2024

Citation: 2024 LiveLaw (Cal) 249

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