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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Mitadru Sau – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JAY SENGUPTA, J.
1. This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to quash and set aside the disability certificate dated 13th August, 2024 issued by the Designated Disability NEET Screening Centre, IPGME&R, Kolkata which assessed the petitioner’s disability at 31% and to reconsider the petitioner’s disability assessment in accordance with the previous certification issued by the NIMHANS and RG Kar Medical College and Hospital, which had assessed the petitioner’s disability as 63% and 55%, respectively and thus, allow the petitioner to claim the benefits of reservation under the PwD category for NEET-UG, 2024.
2. Learned counsel appearing on behalf of the petitioner submits as follows. the petitioner participated in National Eligibility-cum-Entrance Test (UG), 2024. It pertains to the category of person with disability (PwD). He suffers from Hereditary Neuropathy with Liability to Pressure Palsy (HNLPP), which was diagnosed in 2015, resulting in locomotor disabilities such as foot drop and weakness in all four limbs. The petitioner has been declared ineligible for PWD category reservation by the
The Disability Assessment Board cannot reassess benchmark disability levels set by authorized agencies, focusing instead on functional competency for medical course eligibility, aligning with the Rig....
The court affirmed that the UDID must be prioritized for disability claims over conflicting assessments, reinforcing the legal right to reservation for persons with benchmark disabilities.
Courts cannot interfere with the reports given by competent medical boards in the absence of malafides, and they do not hold expertise on the subject of medical assessments.
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
The court emphasized the need for literal interpretation of statutory provisions and the limited scope of judicial interference in policy decisions made by expert bodies.
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
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