Only individuals with permanent disabilities qualify for reservation benefits, while temporary disabilities do not meet the legal benchmarks set by the Rights of Persons with Disabilities Act.

JUDGMENT :

Sanjeev Kumar, J.

1.The petitioners claim to have participated in NEET- UG Examination 2024, the result whereof was declared on 26^th July, 2024. On the declaration of the result of NEET UG 2024 examination by the National Testing Agency and receipt of merit list of the candidates belonging to the Union Territory of Jammu and Kashmir, the J&K Board of Professional Entrance Examinations [“the BOPEE”] vide Notification No.78-BOPEE of 2024 dated 18.08.2024, notified the schedule for online registration by the eligible candidates to register themselves and upload their documents on the official website of the BOPEE for verification/updation of their category status. The petitioners claim that their Union Territory rank is 3739, 4140, 4397, 4323 and 4343 respectively.

2.The grievance of the petitioners is that on checking the online status of their application forms, it was found that their claim to be considered under the category of physically challenged persons stood rejected on the ground that their disability as indicated in the certificates uploaded was temporary and not permanent. It is further pleaded by the petitioners that with a view to have the redressal of their grievance, the petitioners approached the Chief Secretary of the Government of Union Territory and requested him to intervene in the matter. They also approached the State Commission for Persons with Disabilities, Union Territory of J&K but could evoke no response.

3.The grievance of the petitioners is that the Chief Secretary as well as the State Commission for Persons with Disabilities, J&K, instead of addressing their grievance, have left it to the BOPEE to determine the eligibility of the petitioners to seek consideration under the category of physically challenged persons. The BOPEE has already made its stance clear that the certificates indicating temporary disablement will not be considered and the candidates possessing temporary disablement are not entitled to be considered under the category of physically challenged persons.

4.Having failed to seek any relief from the BOPEE, the petitioners are before us raising a singular issue as to whether or not a candidate with a temporary disablement is eligible to seek the benefit of reservation provided for the category of 'physically challenged persons'.

5.Mr. Arif Sikandar argues that the Rights of Persons with Disabilities Act, 2016 [“RoPwD Act”] does not make any distinction between temporary or permanent disablement nor such distinction is made in the J&K Reservation Act, 2004 and the rules framed thereunder. He argues that in the absence of any such distinction made in the statute, it is not open to the BOPEE to reject the disability certificates of the petitioners and declare them ineligible on the ground that the disability they suffer is temporary in nature.

6.Strong reliance is placed by Mr. Arif Sikandar on the judgment of Delhi High Court in the case of Anmol Kumar Mishra (minor) vs. Union of India and others, 2021 SCC OnLine Del 5148, wherein a learned Single Judge of Delhi High Court has held that temporary disability is not a disqualification to avail the benefit of reservation envisaged under the RoPwD Act.

7.Per contra, Mr. T. M. Shamsi, DSGI, and Mr. Ilyas Nazir Laway, GA, would contend that the benefit of reservation in professional institutions provided under the J&K Reservation rules, 2005, is meant only for the persons with benchmark disability and not for the persons with