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.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--The petitioner in the instant writ petition prays for a direction to the respondent nos. 1 to 3 to allow the petitioner to participate in the counselling process of NEET-UG 2023 examination and grant admission in the MBBS course against the quota of person with disability. The petitioner also prays that the respondents be directed to issue a fresh disability certificate, with an amendment that the petitioner is 50% disabled and is eligible for participating in counselling under the quota meant for disabled candidates.

2. Learned counsel appearing on behalf of the petitioner submits that pursuant to the information bulletin of the NEET-UG examination, the petitioner applied for his candidature for MBBS course in the year 2023. The petitioner after downloading the admit card, appeared in the examination and scored 234 marks out of 720 marks against unreserved Person with Disability (PWD) category. Learned counsel for the petitioner submits that on 06.07.2023, the notification was issued on the website enabling the candidates belonging to the PWD category to have their disability assessed at the designated centres. In terms of the said notification, the petitioner on 18.07.2023, approached the respondent no.3 which issued a disability certificate holding therein that the petitioner is ineligible under the category of PWD quota by assessing zero percent disability.

3. The grievance raised by the learned counsel for the petitioner is that the petitioner has been assessed under the wrong category i.e., Physical-Locomotor Disability, whereas, the case of the petitioner falls within the category of Chronic Neurological Disability. Learned counsel for the petitioner, therefore, submits that if the provisions of the Rights of Persons with Disabilities Act, 2016 (hereinafter `Act of 2016') are considered in the right perspective, it is evident that the entire purpose of the provisions of the Act of 2016 is to ensure adequate representation to the persons suffering with disability.

4. Learned counsel for the petitioner also states that in terms of communication dated 21.07.2023, a request was also made to the Chairman, National Medical Counselling, New Delhi that the authorities at Dr. RML Hospital are awaiting for appropriate clarification from their higher authorities on the issue whether Chronic Neurological Disability (Epilepsy) can be considered as a Chronic Neurological condition for the purpose of PWD reservation as per MCI Gazette Notification No. MCI-18(1)/2018-Med./187262 dated 05.02.2019/14.05.2019 for admission to Medical Courses in All India Quota.

5. Learned counsel for the petitioner while taking this court through the guidelines known as the Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 (hereinafter `Guidelines of 2018') states that Chapter VI, Clause No. 25.1 mentions that the Chronic Neurological condition can be of various nature including Multiple Sclerosis and Parkinson's disease. She tries to indicate that if the Chronic Neurological conditions and definitions laid down therein in Clause 25.1 of the Guidelines of 2018 are considered prudently, the fact that the definition only includes examples of two diseases relating to Chronic Neurological conditions would not mean that the disability being suffered by the petitioner i.e. Chronic Neurological condition (Epilepsy) is not included.

6. According to her, the definition is not exhaustive in nature and if the disability being suffered by the petitioner is of the nature of Chronic Neurological disabilities, the same must be included in the scope of the Act of 2016, so as to fulfill the basic object of the Act.

7. Learned counsel for the petitioner has also pointed out that Clause 25.4 of the Guidelines of 2018 states that the disability certificate shall mention the Chronic Neurological condition and the name of the