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2024 Supreme(Cal) 502

SUBHENDU SAMANTA
Rahit Kundu – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharya , Adv., Mr. Md. Alauddin Mondal, Adv., Mr. Raju Bhattacharya, Adv., Mr. Arunava Matiy,Adv., Ms. Debjani Sengupta
For the Respondent: Mr. Kumar Jyoti Tewari, Adv. Mr. Somntah Ghosal, Adv. Mr. Subha Senapati Adv.
For the WBUHS : DN Maiti
For National Medical Commission : Mr. Indranil Roy, Adv., Mr. Sumit Kumar Roy Adv.

JUDGMENT :

Subhendu Samanta, J.

1. The present writ petitioner participated in the National Eligibility-Cum Entrance Test (UG) 2021 ( in short NEET) under the general category and sub-category of persons with disability (in Short PHD) category. The NEET Test (UG 21) held on 12.09.2021.

2. He obtained 170 marks out of 720 marks. He appeared in the examination with the disability certificate issued by the Burdwan Medical College Hospital on 22.01.2020. wherein the petitioners percentage of disability was mentioned as 50%.

3. The petitioner was ranked in the merit list under the PHD category as “1806” in such Test.

4. Thereafter, the petitioner appeared on 1st February 2022 before the Medical Board of IPGMER SSKM hospital for assessment of her disability. The said board of IPGMER issued disability certificate to the petitioner wherein the percentage of disability was stated to be 11% as loco-motor disability and he became not qualified. Challenging the said certificate the instant writ petition was preferred.

5. Learned Advocate for the petitioner submits that the medical board of IPGMER SSKM Hospital has wrongly assessed the disability of the present petitioner. The petitioner was treated

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