The Calcutta High Court has directed authorities to consider reassessing a candidate who appeared for the NEET (UG) 2024 exam and was seeking eligibility under the disabled category.

A single bank of Judge Jay Sengupta heard the petition of the applicant to cancel the disability certificate issued by the designated disability testing center NEET, IPGME&R, Calcutta, which assessed the disability of the petitioner at 31%, and directed the authorities to reconsider the assessment of the disability of the petitioner or to consider evaluation under the petitioner’s UDID card.

The petitioner claimed that as per the previous certification issued by NIMHANS and RG Kar Medical College and Hospital, the petitioner’s disability was assessed at 63% and 55%, respectively, thereby entitling him to claim the benefits of a reservation in the disabled category. for NEET-UG, 2024.

The lawyer representing the petitioner submitted that the petitioner had appeared in the National Eligibility and Entrance Test (UG) 2024 and was suffering from Hereditary Neuropathy with Risk of Pressure Paralysis (HNLPP), which was diagnosed in 2015, leading to locomotor impairments such as foot drop and weakness in all four limbs.

It was stated that the petitioner has been declared ineligible for reservation under PWD category by the NEET Designated Disability Testing Centre, IPGME&R, Kolkata, despite earlier certificates from reputed institutions confirming that the petitioner’s disability is above 40 %.

In fact, as per the unique disability ID issued to the petitioner after examination of disability as per the relevant law at RG Kar Medical College and Hospital, Calcutta, the disability percentage of the petitioner was found to be by 55%. This disability card was valid from 29.12.2023 to 29.12.2024.

The lawyer appearing for the National Testing Agency denied the allegations made in the writ petition and submitted that even though the authorities of NIMHANS and RG Kar Medical College and Hospital, Calcutta had earlier assessed the petitioner’s disability as 55% and 35%. , respectively, the Designated Screening Center for Disabled NEET, IPGME&R, Calcutta, assessed the petitioner’s disability at 31%.

The NEET (UG)-2024 information bulletin has laid down the detailed norms of the exam, including the guidance and reservation norms for medical courses. Chapter 6.3 specifies the provisions relating to disabled people. To extend the facilities of PwBD candidates, reliance must be placed not only on sub-clause c, but also on sub-clauses b to g of Clause 6.7 of the Information Bulletin. Annexure VII specifies the list of disability certification centers which have issued disability certificates in accordance with the standards of the National Medical Commission.

Therefore, irrespective of the norm or procedure for issuing a disability certificate under any other law, in order to get admission in NEET (UG), the said guidelines should be followed. Therefore, the Disability Assessment Board had full authority to reassess the degree of an applicant’s disability.

The advocate appearing for the National Medical Commission objects to the prayer and the advocate representing the State supports the stand taken by the other respondent authorities and contends that the petitioner was suffering from 31% disability. He was therefore not entitled to the quota in question.

After hearing the parties, the court considered the Supreme Court case Om Rathod Vs. Director General of Health Services and Ors. where the Court established the following.

“53. A person’s disability is quantified at the time of use of a unique disability identity card. Quantification of disability is irrelevant at the time of admission to training courses since a person’s eligibility for the benefit of reservation can be assessed using the quantification of the UDID card. If a person with a disability wishes to be reassessed to verify whether their disability meets the parameters prescribed for the reservation, they may choose to do so by updating their UDID card. The role of the disability assessment committees must be adapted (with a functional skills approach) only to the training that the candidate wishes to follow.

Thus, the Court held that there is no longer any settled law that quantification of disability must be carried out at the time of use of a unique disability identity card and in accordance with the Disability Act, 2016 rights of people with disabilities. The role of the Disability Evaluation Commission, on the other hand, is limited to assessing the functional competence of a candidate for further medical training.

In view of the above, the court directed the respondent authorities to act in accordance with the aforesaid directions issued by the Om Rathod High Court (supra) and treat the petitioner’s disability certification as per UDID card as the relevant evidence. document to offer the benefits of reservation in PWD category for NEET (UG), 2024 and do the needful at the earliest.

It was stated that while the questioned authorities would be free to reassess the functional competence of the candidate by any medical institution of the WBMCC’s choice, except IPGME&R which had already dealt with the matter, in the deadline of the 24th of this month.

Case: Mitadru Sau v. The State of West Bengal and Ors.

Case No: WPA 20814 of 2024

Citation: 2024 LiveLaw (Cal) 249

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