JUDGMENT :

A. S. CHANDURKAR, J.

1. Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The petitioner who suffers from multiple disabilities to the extent of 58% and speech disability exceeding 40% as per Certificate of Disability dated 6^th August 2024 has approached this Court seeking a declaration as regards his eligibility to pursue the MBBS course. The petitioner appeared in the National Eligibility cum Entrance Test, Under Graduate-NEET UG, 2024 that was held on 23^rd June 2024. A candidate suffering from a speech and hearing disability exceeding 40% is not considered eligible to pursue the MBBS course as per the Gazette Notification dated 5^th February 2019 published by the Medical Council of India as amended on 13^th May 2019. The petitioner on 15^th August 2024 made a representation to the first respondent- the National Medical Commission (for short, ‘NMC’) stating therein that the benchmark disability of 40% and below for pursuing medicine was arbitrary and without any scientific basis. The petitioner made a request to re-consider his disqualification to enable him to pursue the MBBS course. In the absence of any response to the same, the petitioner