The court declined to grant interim relief to a candidate challenging a disability assessment report upon finding that the respondent's existing counselling schedule provided sufficient future opportunity for participation, thus lacking the urgency required for a Vacation Bench order.

O R D E R

1. This hearing has been done through hybrid mode.

2. The present writ petition has been filed under Article 226 of the Constitution of India by the petitioner, who is an MBBS graduate, seeking the following reliefs:

a. To set aside the disability assessment report as issued by Ali Yavar Jung National Institute of Speech and Hearing Disabilities, Bandra, Mumbai based on which the Petitioner’s candidature under the PwBD category has been rejected.

b. Declare the Petitioner eligible to pursue post graduate medical course and allow her to participate in the NEET PG 2025 counselling as a PwBD candidate who can avail benefits of reservation under the Rights Of Persons with Disabilities Act, 2016 (Hereinafter,RPWD Act,2016 ).

3. The present petition has been filed on the ground that the Petitioner was assessed by Respondent No. 3 for assessing the functional capabilities of the Petitioner for getting the admission in the post-graduate medical courses. However, the Petitioner is not satisfied with the result given by the Respondent No. 3 and has therefore, challenged the said report and seeks the setting aside of disability assessment report given by Respondent No. 3.

4. Ld. Counsel for the Respondent No. 3 has submitted that the Petitioner’s disability has been assessed at approximately 35% only, therefore, she is not entitled to reservation which requires a minimum disability of 40% and above for admission to the post graduate courses. However, it is also admitted by ld. Counsel for the Petitioner that the report of Respondent No. 3 regarding the disability assessment came on 4th November, 2025, but the Petitioner being ignorant of the present proceedings and her rights to file the present proceedings could not contact the ld. Counsel and after taking the legal opinion, the present petition has been filed.

5. It is also stated by ld. Counsel for the Appellant that two rounds of counselling have already been done and a third round of counselling is going to start very soon. If the Petitioner misses the third round, she would lose her chances of joining post graduate medical courses.

6. On this, learned counsel appearing for Respondent No.1 submitted that subsequent to the third round of counselling, a fourth round of counselling would also be conducted, which shall continue till February, 2026 and there will be ample opportunity for the Petitioner to take part in the counselling if she is found eligible for the same.

7. Considering the submissions of the ld. Counsel for the parties, I am of the opinion that there is no urgency shown by the Petitioner for passing any order by the Vacation Bench.

8. Let the matter be placed before the Roster Bench on 5th January, 2026.