THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.29307 of 2025

ORDER:

Mr. D.S.Kishen, learned counsel for the petitioner.

Mr. T.Ramesh, learned Assistant Government Pleader for Health, Medical and Family Welfare Department, appears for respondent No.1.

Mr. T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, “the University”), appears for respondent No.2.

2. Petitioner has a grievance that sufficient time to submit UDID card issued by the designated medical authority under Ministry of Social Justice and Empowerment was not given to the petitioner though petitioner is in possession of identity card for person of disability issued by the State of Telangana. Therefore, he has been treated as not eligible candidate by notice dated 12.09.2025. He seeks to be treated in the category of persons with disability for admission to MBBS/BDS Course for the academic year 2025-2026 and to participate in the counselling.

3. The matter was adjourned yesterday to enable learned Standing Counsel for the University to seek instructions. He has pointed out to the notice to PWD candidates contained in dated 23.07.2025 (Annexure P1), the relevant part of which reads as under:

“In compliance of the said guidelines, all the NEET UG-2025 qualified candidates of PWD category who are seeking admission into MBBS and BDS courses for the academic year 2025-26 under State Quota are hereby informed to go through the Public Notice dated.19.07.2025 issued by National Medical Commission, New Delhi & DGHS, MCC vide notice dated. 21.07.2025 along with Interim Guidelines on assessment method for granting admission into MBBS Course to PWD candidates for the academic year 2025-26 which is placed in the University website on 23-07-2025 and to submit the following documents at the time of physical assessment before the Medical Board constituted by the University. The schedule & venue for physical assessment will be notified in the University website and to follow the same.

1. A valid UDID card issued by a designated medical authority under Ministry of Social Justice and Empowerment (MoSJE).

2. Self-Certified affidavits in the format provided under Schedule -1 APPENDIX- A Self Certification Form- General (Mandatory)

APPENDIX-B Affidavit for Declaring the Hearing Impairment (If applicable)

3. In addition to the above, a copy of Medical Assessment Report -

2025 issued by Medical Board of Medical Counselling Committee (MCC) is also required.”

4. He submits that the petitioner had duly submitted these documents, whereafter petitioner was examined by the Medical Board of the University. The Medical Board found him to be suffering from disability of 28.77% and therefore, not eligible vide the opinion dated 12.09.2025. He has also drawn the attention of this Court to the amendment to the upper-limit of disability for admission to UG Medical Courses issued by the Board of Governors of Medical Council of India wherein for the intellectual disability with which the petitioner claims to be suffering the Bench Mark is 40%. The minimum degree of disability should be 40% in order to be eligible for availing reservation for persons with specified disability. Since the petitioner did not fulfil the Bench Mark disability, his case was found ineligible for availing the said quota.

5. We have considered the submissions of learned counsel for the parties.

6. We find substance in the stand of the Standing Counsel for the respondent University. The petitioner upon examination by the Medical Board has been assessed of having 28.77% disability only which is less than the Bench Mark of 40% and therefore, ineligible under PWD quota for admission to MBBS/BDS Course for the present academic year. We, therefore, do not find any merit in this writ petition.

7. The Writ Petition is, accordingly, dismissed. However, there shall be no order as to costs.

Miscellaneous applications pending,