ORDER :

Dinesh Mehta, J.

1. The petitioner desirous of pursuing Medical course, appeared in the NEET UG examination as OBC PH category candidate and secured 1526th rank.

2. Petitioner being a PH candidate was subjected to examination by the Disability Assessment Board (hereinafter referred to as "the Board"). The Board held the petitioner ineligible to pursue medical course observing thus:

"Amputation Right Hand Thumb and Index Finger-not eligible to pursue medical course."

3. Learned counsel for the petitioner argued that the Disability Assessment Board, constituted by the respondent No. 4, has simply rejected petitioner's candidature on the ground that the petitioner's right hand thumb and index finger are amputed, without recording any finding, as to whether the petitioner is able to pursue the course and thereafter perform the duties and responsibilities, which a medical practitioner, is required to perform.

4. It will not be out of context to reproduce the relevant para No. 5.3.3 and 5.3.4 of the guidelines of Information Bulletin issued by the National Testing Agency for admission to undergraduate Medical courses along with Public Notice dated 13.07.2021:

"5.3.3. Candidates who consider themselves eligible for this category are advised to ensure their eligibility by getting themselves examined at any Government Medical College/District Hospital/Government Hospital. Such Government Medical College/District Hospital/Government Hospital shall issue a Disability Certificate in reference with Chapter-VII of the Rights of Persons with Disabilities Rules, 2017. Such a Disability Certificate is issued as per the Schedule to the Rights of Persons with Disabilities Act, 2016 and 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 notified in the Gazette of India by the Ministry of Social Justice and Empowerment [Department of Empowerment of Persons with Disabilities (Divyangjan)] on 4th January 2018 and does not confer any right on any candidate to seek admission in a medical course under PwBD Quota. The aforesaid Certificate shall be to ascertain whether a candidate can apply to NTA for appearing in NEET (UG)-2021 under the PwBD Quota only.

5.3.4. Thereafter, the candidates, upon selection under PwBD Category, shall have to produce a Disability Certificate issued by the Disability Assessment Board, which shall have assessed the candidate in reference with criteria prescribed under the Regulations on Graduate Medical Education, 1997 as amended upto 14.05.2019. Thus, it is relevant that the candidates after a declaration of the result have to appear before the Disability Assessment Board so as to determine whether they may register or participate in the common online Counselling towards admission in medical courses. In case candidates are found to be ineligible by the Disability Assessment Board, in reference with criteria prescribed under the Regulations on Graduate Medical Education, 1997 as amended on 14.05.2019, they may not register or participate in the common online Counselling and any online provisional allotment of the medical college shall be entirely fraudulent on the part of the candidate. It is relevant that physical verification of various certificates including academic as well as Disability Certificate is only upon reporting for admission to the medical college."

5. A perusal of the guidelines above and notification dated 04.02.2019 reveals that the Board is required to record a finding about the percentage of disability.

6. In absence of percentage of disability, recording of finding about petitioner's ineligibility is thus, clearly illegal.

7. In view of the aforesaid, the writ petition stands allowed, the report dated 10.11.2021 holding the petitioner ineligible is hereby quashed and set aside.

8. The respondent No. 4 is directed to refer the petitioner's case before the Disability Assessment Board, who shall thereafter co