Court sets aside medical board’s reduction of petitioner’s disability from 60% to 32%, directs fresh eligibility certificate and participation in next counselling round
The Calcutta High Court has ruled in favour of a NEET-UG 2026 candidate seeking admission under the Persons with Benchmark Disabilities (PwBD) category, holding that once a candidate’s disability has been certified by the competent authority and reflected in the Unique Disability ID (UDID) card, it cannot be reassessed by the Medical Assessment Board or the Appellate Authority.
Justice Amrita Sinha, hearing the writ petition filed by Rashid Aktar Hussain, observed that the petitioner had already been issued a disability certificate and UDID card showing 60% locomotor disability in the right upper limb. Despite this, the Medical Assessment Board reduced the disability percentage to 29% and later the Appellate Authority fixed it at 32%, rendering him ineligible for PwBD reservation under the latest guidelines.
The Court noted that both authorities had found the petitioner functionally competent, with no requirement for assistive support, and concluded that he could successfully complete the MBBS course without posing any risk to patient safety. However, the Court held that the authorities exceeded their role by reassessing the quantum of disability itself.
Relying on the Rights of Persons with Disabilities Act, 2016, as well as the Supreme Court’s ruling in Om Rathod v. Director General of Health Services and a previous Calcutta High Court decision in Mitadru Sau v. State of West Bengal, the Court reiterated that the statutory certificate issued under the Act must prevail over executive guidelines. It emphasized that there cannot be two different standards for determining benchmark disability—one under the Act and another under the National Medical Commission guidelines.
The Court held that the Medical Assessment Board and Appellate Authority are only entitled to assess the functionality of the candidate, including functional competency, reasonable accommodation, ability to complete the course, and patient safety. Once the petitioner was found functionally fit, the authorities could not reduce the disability percentage contrary to the disability certificate and UDID card.
Accordingly, the Court set aside the authorities’ conclusion that the petitioner was ineligible for PwBD reservation. It directed the IPGME&R, Kolkata to issue a fresh eligibility certificate in favour of the petitioner strictly on the basis of the disability percentage mentioned in the UDID card, by September 23, 2026. The petitioner was also permitted to participate in the next round of counselling as a PwBD candidate.
Bottom Line :
Rights of Persons with Disabilities Act, 2016 - MBBS admission under PwBD category - Medical Assessment Board and Appellate Authority cannot re-assess quantum of disability already certified by competent authority and reflected in UDID card - Their role is confined to assessment of functional competency of candidate - UDID disability percentage to be treated as final for grant of PwBD reservation.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 2(r)
Rashid Aktar Hussain v. Union of India, (Calcutta) : Law Finder Doc id # 2982691
