Facts
The petitioner held a UDID card recording 50% locomotor disability, issued on 10 June 2025, and applied for NEET-UG 2026 under the PwBD category.
Source reference: p. 2–3During counselling, the Regional Medical Board assessed his disability at 25%; on appeal, the Appellate Medical Assessment Board assessed it at 30%.
Source reference: p. 2–3, 5The petitioner challenged the appellate assessment, contending that it conflicted with his valid UDID card and that the Boards had not used better or additional assessment equipment.
Source reference: p. 3–4He sought permission to participate in MBBS counselling/admission under the PwBD quota on the basis of that card.
Source reference: p. 1–2Issues
1. Whether the Medical Assessment Board and Appellate Medical Assessment Board could re-determine the petitioner’s disability percentage despite his valid UDID card, where they had not used better or additional assessment tools or equipment.
Source reference: p. 7–102. Whether the petitioner could participate in MBBS counselling/admission under the PwBD quota on the basis of his UDID card recording 50% disability.
Source reference: p. 8–10Law Applied
Article 226 of the Constitution provides the Court’s jurisdiction to review the challenged assessment and grant appropriate relief.
Source reference: p. 2Clause 2 of the Department of Empowerment of Persons with Disabilities’ Revised Advisory dated 15 October 2025 permits medical institutions or boards to use better tools, equipment, machines or technologies for a more accurate disability assessment, and contemplates re-determination in that context.
Source reference: p. 6–8Under clauses 9.2 and 9.6 of the National Medical Commission’s Guidelines on Assessment of Persons with Benchmark Disabilities, a valid UDID card is the primary documentary evidence of the disability, and a candidate is not to be denied PwBD consideration solely for a rectifiable procedural defect where the disability is otherwise established.
Source reference: p. 7–9Reasoning
The Court found that the petitioner’s 50% disability was recorded in a valid UDID card issued by the competent authority and that the Medical Assessment Board and appellate Board had assessed him at 25% and 30%, respectively.
Source reference: p. 5, 10The Boards had not used new, better or advanced tools or equipment than those used in the Department’s assessment.
Source reference: p. 10Applying Clause 2 of the Revised Advisory and clauses 9.2 and 9.6 of the Guidelines, the Court held that re-determining the petitioner’s disability in those circumstances was unsustainable and that the UDID card should be relied on for PwBD consideration.
Source reference: p. 8–10Holding
The Court disposed of the writ petition and directed the third respondent to permit the petitioner to participate in MBBS counselling/admission under the PwBD quota on the basis of his UDID card.
No costs were ordered.
Source reference: p. 10Original Court PDF
MALARVASANTHARAJAN MvsMinisry of Health and Family Welfare
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