J&K HC Leaves Man’s Sub-40% Psychiatric Disability Assessment In Place, Finding No Procedural Breach Was Shown

The petitioner applied for a disability certificate in the category of mental illness and was assessed by a Medical Board at the Government Psychiatric Diseases Hospital, Srinagar.

The Board’s report dated 5 March 2026 recorded a total score of 4, corresponding to disability below 40%.

The petitioner challenged the assessment, alleging that the Board had inadequately considered his medical records, and sought a fresh independent assessment.

He stated that his representation to the competent authority had not been acted upon.

The respondents maintained that the Board had conducted a detailed assessment in accordance with the applicable evaluation scale and protocols.

The Court applied the principle that judicial review of a medical assessment made by a duly constituted expert board is extremely limited.

A court should not substitute its own opinion for that of qualified medical experts or act as an appellate authority over their findings.

Interference may be considered where a petitioner establishes a relevant procedural irregularity, mala fides, violation of applicable rules or protocols, or other cogent material casting doubt on the assessment.

The order identifies no specific statute, regulation, or precedent by name.

The Court noted that the assessment was made by a five-member Board comprising four medical professionals, including three doctors from the Department of Psychiatry and a clinical psychologist, as well as the Medical Superintendent.

The petitioner had not identified any rule, guideline, or protocol that the Board violated, nor pleaded procedural irregularity or mala fides.

The Court also found no cogent material undermining the Board’s report.

In those circumstances, the limited scope of writ review did not permit the Court to reassess the medical evidence or substitute its view for the experts’ findings.

It found the petition without merit and dismissed it.