Court sets aside Medical Board's rejection of Beta Thalassemia Trait as disability, directs reassessment within four days amid ongoing medical course counselling
In a landmark judgment delivered on September 10, 2026, the Orissa High Court (Division Bench) clarified the legal position regarding the classification of `Thalassemia' as a specified disability under the Rights of Persons with Disabilities Act, 2016 ("RPwD Act"). The Court held that the Medical Assessment Board erred in rejecting the petitioner Harapriya Das's claim of disability on the ground that Beta Thalassemia Trait is an asymptomatic carrier state without functional disability, thereby disqualifying him from availing benefits under the Persons with Benchmark Disability quota in medical admissions.
The petitioner, Harapriya Das, had secured a rank in the NEET examination and sought admission under the PwD quota. However, the Medical Assessment Board, constituted by the Directorate of Medical Education & Training (DMET), issued an eligibility certificate dated August 22, 2026, stating that Beta Thalassemia Trait does not meet the criteria for a disability certificate as it does not cause significant functional impairment. Consequently, the petitioner was denied PwD status, which adversely affected his admission prospects during the ongoing counselling process.
The High Court scrutinized the Medical Board's report and observed that the Board's approach was unduly restrictive as it focused solely on functional disability akin to locomotor impairments while ignoring the statutory recognition of `Thalassemia' as a specified disability. The Court emphasized that under Section 2(r) and Section 2(zc) of the RPwD Act, 2016, a "person with benchmark disability" is defined as one having not less than 40% of a specified disability, and "specified disability" is explicitly enumerated in the Schedule appended to the Act. The Schedule categorically includes `Thalassemia' as a blood disorder constituting a specified disability.
Further relying on the Amendment Notification dated May 13, 2019, issued by the Board of Governors in supersession of the Medical Council of India, the Court noted that the Notification recognizes `Thalassemia' within the spectrum of specified disabilities and prescribes percentage thresholds for eligibility under PwD quotas in medical courses. According to this Notification, if the percentage of disability from Thalassemia exceeds 40% but is below 80%, the candidate qualifies for PwD reservation; those above 80% disability or below 40% are not eligible under the quota. The Court found the Medical Board's rejection contrary to these clear statutory provisions and guidelines.
The Court set aside the Medical Board's report and directed the DMET to constitute a fresh Medical Assessment Board to reassess the petitioner's disability percentage without applying extraneous criteria not prescribed under the RPwD Act. Given the urgency due to the ongoing counselling for medical admissions, the Court mandated that the fresh assessment be completed within four days, ensuring no delay hampers the petitioner's rights. It also quashed the notice dated August 25, 2026, issued by the Odisha Joint Entrance Examination authority that had excluded the petitioner from the PwD quota.
This judgment marks a significant affirmation of the statutory rights of persons with disabilities, especially those affected by blood disorders like Thalassemia, ensuring that disability assessments strictly conform to legislative definitions and criteria. It reinforces that the functional disability approach cannot override explicit inclusion of diseases as specified disabilities under the RPwD Act, safeguarding equitable access to education and related benefits.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - 'Thalassemia' is included as a "specified disability" under the Act. Medical Assessment Board cannot reject the claim of a person suffering from 'Thalassemia' as a specified disability based on functional disability criteria. Assessment must align with the statutory provisions and eligibility criteria under the Act.
Statutory provision(s):
Rights of Persons with Disabilities Act, 2016 Sections 2(r), 2(zc), Schedule; Amendment Notification dated 13th May 2019 (Board of Governors in supersession of Medical Council of India)
Harapriya Das v. State of Odisha, (Orissa)(DB) : Law Finder Doc Id # 2979254
