Calcutta High Court: Medical Board Cannot Reassess Disability Percentage in UDID for MBBS Admission

Court Reaffirms Primacy of UDID Over Medical Board Assessment

In a significant ruling that reinforces the authority of the Unique Disability ID (UDID) card, the Calcutta High Court has held that a Medical Assessment Board cannot reassess the percentage of disability already certified by the competent authority under the Rights of Persons with Disabilities Act, 2016. Justice Amrita Sinha, presiding over a single-judge bench, directed the IPGME&R, Kolkata to issue a fresh eligibility certificate to a NEET-UG 2026 candidate whose disability percentage had been wrongly reduced by the assessment board.

Petitioner's Disability Was Reduced from 60% to 32%

The petitioner, Rashid Aktar Hussain, who suffers from a 60% locomotor disability in the right upper limb (congenital shortening of the right arm), secured an all-India rank of 1936 in the Persons with Benchmark Disabilities (PwBD) category in NEET-UG 2026. He held a valid UDID card issued by the Sub-Divisional Hospital, Islampur on September 18, 2025, certifying his disability at 60%.

However, when he appeared before the Medical Assessment Board as per the 2026 guidelines for MBBS admission, the board reassessed his disability and reduced it to 29% on August 7, 2026. The Appellate Authority, on appeal, further revised it to 32%, rendering him ineligible for PwBD reservation—which requires a minimum 40% disability under Section 2(r) of the RPwD Act.

Court: Act Prevails Over Guidelines

The petitioner argued that the Medical Assessment Board had no authority to reassess the quantum of disability already certified by the competent authority under the Act. The respondents contended that the board was required to verify the nature and extent of disability in accordance with the guidelines published by the National Medical Commission.

Justice Sinha rejected this approach, observing that “the act of ascertaining percentage of disability afresh by the Medical Assessment Board or the Appellate authority to ascertain whether a candidate can get the benefit of reservation in PwBD category is directly contrary to the Act.” The court emphatically stated: “The provision of the Act will always prevail over any guidelines issued by the authority.”

Functional Competency Alone Can Be Assessed

The court noted that both the Medical Assessment Board and the Appellate Authority had already found the petitioner functionally competent—he demonstrated ability to complete the MBBS course, did not require assistive support, and posed no risk to patient safety. Yet they proceeded to reassess his disability percentage.

“Once the quantum of disability is assessed and UDID card issued reflecting such quantum, there is hardly any scope to reassess the same by any other authority not prescribed by law,” the court held, adding that “there cannot be two separate criteria to identify benchmark disability of a person.”

The court relied on the Supreme Court's judgment in Om Rathod v. Director General of Health Services (2024) and a coordinate bench decision in Mitadru Sau v. State of West Bengal (2024), which had similarly held that the disability percentage in the UDID must be treated as final.

Immediate Relief for NEET-UG Candidate

Setting aside the conclusion that the petitioner was ineligible for PwBD reservation, Justice Sinha directed IPGME&R to issue a fresh eligibility certificate by September 23, 2026, strictly relying on the disability percentage in the UDID card. The petitioner will now be entitled to participate in the next round of NEET-UG counselling.

The judgment serves as a clear reminder that medical assessment boards for professional courses must confine themselves to evaluating functional competency and cannot second-guess disability certifications issued under the statutory framework. The UDID card, issued by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, remains the authoritative document for determining benchmark disability status.