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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Maaz Ahmad – Appellant
Versus
U.O.I. Thru. Secy. Ministry of Health And Family Welfare – Respondent
| Table of Content |
|---|
| 1. definition of benchmark disability. (Para 2 , 3) |
| 2. petitioner's claim for reservation based on disability. (Para 4 , 5) |
| 3. arguments regarding assessment validity. (Para 6 , 8) |
| 4. challenges against medical assessments and the validity of disability certificates. (Para 7) |
| 5. supreme court precedents on disability assessments. (Para 9 , 10 , 11 , 12 , 13) |
| 6. judicial review limitations on expert assessments. (Para 14 , 15 , 16) |
| 7. requirement for transparency in disability assessment. (Para 17 , 18 , 19) |
| 8. rights and entitlements under the disability act. (Para 20 , 21 , 22 , 23) |
| 9. limits on reassessment by designated agencies. (Para 24 , 25 , 26) |
| 10. court's decision on extending reservation benefits. (Para 27 , 28 , 29) |
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard Shri Rajeiu Kumar Tripathi and Shri Diwakar Singh Gautam learned counsel(s) for the petitioner and Shri S.B. Pandey, learned Senior Advocate and D.S.G.I. assisted by Shri Anand Dwivedi, learned counsel for respondent nos.1 to 4; Shri Gyanendra Kumar Srivastava, learned counsel for respondent no.5; Shri Manish Kumar Srivastava, learned counsel for respondent no.6 and Shri Vikas Rai, learned counsel for respondent no.7.
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.
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....
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
Quantified disability alone cannot disqualify candidates from educational opportunities; individual assessments must determine eligibility based on the ability to pursue the course.
Reasonable accommodation is a fundamental right for persons with disabilities, and Disability Assessment Boards must prioritize functional competence over mere quantification to ensure equality and i....
Disability quantification should not disqualify candidates from medical education; functional competency must be assessed for eligibility.
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 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 court upheld the exclusion of candidates with disabilities from medical admissions based on a lawful assessment of functional eligibility, balancing inclusion with patient safety under the Rights....
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