The court prioritizes functional competency over rigid disability percentages in educational admissions for disabled candidates.

ORAL JUDGMENT

Date : 18-12-2025 Heard the parties.

2. This Court has earlier in its order dated 20.11.2025 noted that the petitioner, a successful candidate of National Eligibility cum Entrance Test (UG)-2025 under OBC-PWD category has approached this Court seeking a direction upon the concerned respondents to allow him to join Darbhanga Medical College, Laheriasarai, Darbhanga on the MBBS seat allotted to him in the 3^rd Round of Under Graduate Medical Admission Counselling, 2025. The facts have already been discussed as to under what circumstances the petitioner could not be abled to submit his original certificate before the College concerned, due to which he could not secure his admission in the College. after taking note of the facts of the case a seat under UGMAC-2025 in the college, in question was kept reserved.

3. In course of hearing, a counter affidavit has been filed on behalf of Darbhanga Medical College, Laheriasarai with a categorical averment that the disability certificate duly furnished by the petitioner is not issued by the designated centers as has been pointed out during the document verification. The learned Advocate for the Darbhanga Medical College has submitted that the disability certificate issued by the designated centers is mandatory for securing admission in the college, since the petitioner failed to fulfill the condition as stipulated in paragraph no. 3.6.3 of Under Graduate Medical Admission Counselling, 2025, hence, his request for admission could not be considered, besides he failed to submit original certificate.

4. The learned Advocate for the petitioner clarified the position and submitted that the certificate for NEET admission for specially abled candidate, with respect to the petitioner has been issued by the King George Medical University, Lucknow, Uttar Pradesh. However, it is issued through Dr. B.K. Ojha, Chief Medical Superintendent, of K.G.M. College hence, in the certificate the name of the Designated Disability Certification Center, it has been mentioned as Dr. B.K. Ojha.

5. One another counter affidavit has also been filed on behalf of the Bihar Combined Entrance Competitive Examination Board. In sum and substance, Mr. Prasoon Sinha, learned Senior Advocate, representing the Board submitted that the certificate which is duly furnished by the petitioner is not in terms with the format prescribed by the Medical Council of India under Gazette Notification dated 14.05.2019. It is categorically submitted that paragraph no. 4 of the Appendix H- 1 of the said gazette states that “persons with hearing disability of more than 40% may be made eligible to pursue MBBS course and may be given reservation, subject to the condition that the hearing disability is brought to a level of less than the benchmark of 40% with the aid of assistive devices. In addition to this, individual should have a speech discrimination score of more than 60%”.

6. In response to the counter affidavit, a rejoinder has been filed on behalf of the petitioner. It is submitted that the National Medical Commission as a statutory regulator of the medical profession of India has come out with a public notice dated 19.07.2025. The public notice stipulated a revised guideline for person with benchmark disability candidates, seeking admission in the MBBS course for the academic year 2025-26 in accordance with the Rights of Persons with Disabilities (RPwD) Act, 2016 and related notifications, as also in terms with the mandate of the Orders passed by the Hon’ble Supreme Court in the case of Om Rathod vs. The Director General of Health Services and Ors. , (Manu/SC/1172/2024)

7. It is the specific contention of the petitioner that the benchmark percentage as has been provided under the 2019 notification, has taken away by the publ