The court emphasized that eligibility for medical courses must be based on functional assessments rather than mere disability quantification, reinforcing the principle of reasonable accommodation for persons with disabilities.

JUDGMENT :

K.V. VISWANATHAN, J.

1. The present appeal calls in question the correctness of the order dated 23.09.2024 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in CWP No. 24293 of 2024 (O&M). By a short order, the Division Bench rejected the claim of the appellant, a ‘person with disabilities’ and upheld the denial of his admission to the MBBS Course. This Court, by its order dated 12.12.2024, while granting leave, after considering the report of the Medical Board constituted by the All India Institute of Medical Sciences (AIIMS), including the separate opinion of Dr. Satendra Singh, a member of the Board, and considering the legal position directed that the appellant should be admitted in the Government Medical College, Sirohi, Rajasthan against a seat reserved for Persons with Disabilities (PwD) (OBC). By the order of 12.12.2024, the Court had observed that reasons would be separately recorded. The reasons are being recorded by virtue of the present judgment.

Brief Facts:

2. The facts lie in a narrow compass. The appellant had a distinguished academic record in school and passed his 10th grade and 12th grade examination with flying colours. It is clear from the medical opinion of the AIIMS, including the opinion of Dr. Satendra Singh, that the appellant has Locomotor disability 50% with Club foot right lower limb with Phocomalia, Left middle ring finger through middle phalanx with right middle index finger through middle phalanx. Further, he has speech and language disability of 20%. The final disability computed was 58%.

3. The appellant aspired to be a medical professional. The appellant appeared for the NEET-UG 2024 Examination conducted by the National Testing Agency on 05.05.2024. The results were declared and the appellant obtained rank 2462 in the Persons with Disability (PwD) category. The cut-off obtained by him was far above the cut-off for the OBC-PwD Category. The appellant approached the Government Medical College, Chandigarh (Respondent No. 6) - the designated Disability Certification Centre to get his disability assessed.

4. Without assigning any reason whatsoever and without examining the functional disability and merely being carried away by the quantified disability, the Disability Assessment Board, by its Certificate of 02.09.2024, rendered him ineligible to pursue medical course.

5. Aggrieved, the appellant filed Civil Writ Petition No. 24293 of 2024 before the High Court seeking issuance of a Writ of Certiorari to quash the disability certificate and sought a fresh assessment. By the impugned order, the Writ Petition has been dismissed on the ground that the Court cannot substitute the opinion of the experts in the field of disability.

6. When the matter came up before us on 25.11.2024, while issuing notice to the respondents, we passed the following order. The operative portion of which is as follows:

“(6) In the meantime, we direct Director, All India Institute of Medical Sciences (AIIMS), New Delhi to constitute a Committee to examine as to whether the disability suffered by the petitioner would come in the way of his pursuing medical studies. We request the Director, AIIMS, New Delhi to co-opt Professor Dr. Satendra Singh as a member of the Committee.

(7) The petitioner is directed to remain personally present before the Director, AIIMS, New Delhi on 27.11.2024 at 10.00 A.M.”

7. Thereafter, on 28.11.2024, the report as directed by us, has been furnished. The report is in two parts. Of the total six members, five of the members, except Dr. Satendra Singh, in their brief report observed as under:

“This Medical Board after detailed clinical, radiological, speech and functional assessment of the candidate in the Skills Lab, SET Facility of AIIMS, and as per the NMC Guidelines for candidates with disability opines that the candidate has locomotor and speech related disabilities and belongs to the category of persons with multiple disability. The candidate could perform a few b