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VIVEK RUSIA, AVANINDRA KUMAR SINGH
Priyanka Patel – Appellant
Versus
State of M. P. – Respondent
ORDER
Per: Justice Vivek Rusia
1. The petitioner has filed the present Writ Petition seeking direction to the respondents to correct the entries with regard to declaration about the person with disability in the application form submitted to participate in the NEET- UG -2024.
2. According to the petitioner, she suffers from permanent disability to the extent of 45 % (Locomotor Disability). The District Medical Board, District Hospital Shahdol issued certificate to that effect. Thereafter, Civil Surgeon, Shahdol has also issued certificate dated 12.4.2024 being competent authority under Department of empowerment of Persons with Disabilities. She is also having Unique Disability ID issued by Government of India. The petitioner submitted an application form to participate in the NEET-UG-2024 but inadvertently did not disclose about the status of PWD category. The respondent i.e. National Testing Agency issued admit card to the petitioner under the non PWD category. The petitioner appeared in the examination and thereafter score card was issued to the petitioner. Thereafter, the petitioner submitted an application for consideration of her candidature under the PWD category on 20.8.2024 an
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.
The authority of the medical board to determine disability for admission into medical courses and the importance of adhering to the timeline for the admission process as set by the Hon'ble Apex Court....
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
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.
The court ruled that a temporary disability certificate suffices for admission under PWD category for candidates under 18, as permanent certificates are not mandated by law until the age of 18.
Eligibility for PwD reservations in medical education hinges on clearly defined criteria regarding hearing impairment and functional competency, as set by relevant medical regulations.
Courts cannot interfere with the reports given by competent medical boards in the absence of malafides, and they do not hold expertise on the subject of medical assessments.
Temporary disabilities should not disqualify individuals from accessing benefits under disability categories, aligning with the long-term impairment focus of the Rights of Persons with Disabilities A....
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