VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Nadiyatabassum D/o Nozmul Hoque – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. A.C. Borbora, learned Senior Counsel assisted by Mr. B. Bora, learned counsel appearing for the appellant. Also heard Mr. B. Gogoi, learned Standing Counsel for the Health Department appearing for the respondent nos. 1, 2, 4, 5, 6, 8 & 9.
2. The present Intra Court Appeal has been instituted, assailing the Judgment & Order dated 05.11.2024, passed by the learned Single in WP (C)/5698/2024.
3. The appellant, herein, had appeared in the National Eligibility-cum-Entrance Test UG-2024 for admission into UG medical courses in Government medical institutions across the country. The said examination had taken place on 05.05.2024 and on 04.06.2024, the results thereof, came to be declared. In the initial results declared, the appellant had secured 638991 All India Ranking position and she was ranked at position 1350 amongst the PwD category candidates. However, the said results were further revised and the revised results were published on 26.07.2024, wherein, the All India Ranking of the appellant was 632152 and she was ranked at Serial No. 1330 amongst PwD category candidates.
4. On publication of the NEET-UG-2024 results, the Director of Medi
Eligibility for medical admission under PwD category requires visual impairment to be assessed below 40% using advanced aids, as per Medical Council guidelines.
The court ruled that visual impairment assessments must consider all relevant medical evidence, establishing a disabled candidate's eligibility for public service based on the higher disability perce....
A person with benchmark disability cannot be denied admission in medical courses if they qualify according to merit and applicable reservation provisions.
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
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....
The right to reasonable accommodation for PwBD candidates in educational admissions is fundamental; systemic discrimination based on disabilities violates constitutional equal rights.
The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and ....
The court established that inadvertent errors in application forms should not bar eligible candidates from admission, reinforcing the principles of reasonable accommodation for persons with disabilit....
The quantified disability alone cannot disqualify a candidate from medical admission; functional assessment and reasonable accommodations are essential for eligibility under the Rights of Persons wit....
The main legal point established in the judgment is the importance of meeting the eligibility criteria, including the condition of both hands being intact with intact sensation, sufficient strength, ....
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