Court Directs Provisional NEET-UG 2026 Counselling Participation for Disabled Candidate After Medical Board's Decision Challenged
In a significant ruling, the Allahabad High Court, Lucknow Bench, has provisionally permitted Shubham Rai, a candidate with benchmark disabilities, to participate in the NEET-UG 2026 counselling under the Persons with Benchmark Disabilities (PwBD) category. The decision came after Rai challenged the Medical Assessment Board's conclusion that rendered him ineligible for the PwBD reservation, despite possessing a statutory disability certificate.
The court, presided over by Justice Karunesh Singh Pawar, found that the Medical Assessment Board's decision lacked satisfactory reasoning and failed to consider the statutory protections under the Rights of Persons with Disabilities Act, 2016. Rai, who was issued a disability certificate by the Chief Medical Officer of Ghazipur, was assessed with a 50% permanent disability and subsequently awarded a Unique Disability ID (UDID). However, the Medical Assessment Board later assessed his disability at only 12%, without providing adequate justification.
The court highlighted that the Medical Assessment Board's role, as per NEET-UG 2026 guidelines, is limited to evaluating a candidate's functional competency and suitability for the MBBS course, rather than reassessing the extent of disability already certified under the statutory framework. The board's decision to declare Rai ineligible for reservation was deemed inconsistent and unsupported by the findings of Rai’s functional abilities.
Additionally, the court noted a violation of natural justice principles, as the same members participated in both the original decision-making and appellate processes, compromising the independence of the appellate consideration.
The court's interim order permits Rai to participate in the counselling process, emphasizing that this is provisional and subject to the final outcome of his writ petition. His admission will depend on fulfilling all eligibility criteria, merit, and seat availability.
The case draws attention to the broader issue of procedural fairness in disability assessments and the adherence to statutory rights, reinforcing the primacy of disability certificates issued under the Rights of Persons with Disabilities Act.
Bottom Line:
Rights of Persons with Disabilities Act - Disability certificate issued under Section 57 of the Act and the Unique Disability ID (UDID) cannot be disregarded by a subsequent Medical Assessment Board without satisfactory reasons, as this violates statutory protections and principles of natural justice.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 (Sections 56, 57), NEET-UG 2026 Guidelines (Clause 12.4), Principles of Natural Justice
