16 hrs ago
Allahabad High Court Protects PwBD Eligibility in NEET Counselling
The Allahabad High Court considered the cases of three medical applicants with disability certificates.
Their certificates showed disabilities of 45%, 50% and 40%.
Medical boards set up by the National Medical Commission gave them lower percentages and denied them disability-based reservation.
The court said those boards were not allowed to change the percentages on valid certificates.
It said only the proper authority or a competent court could set aside such certificates.
Medical boards can still check whether applicants can complete the MBBS course with suitable help and equipment.
In these cases, the boards had already found that all three could complete the course.
The court therefore ordered that they be included in the remaining NEET-UG 2026 counselling.
The ruling does not remove the need for an individual functional assessment.
The Allahabad High Court ruled that NMC medical boards cannot alter disability percentages in valid certificates.
The court quashed findings that declared three candidates ineligible for PwBD reservation.
The candidates’ certified disabilities were 45%, 50% and 40%, respectively.
The court directed authorities to include them in remaining NEET-UG 2026 counselling.
It said boards may assess functional ability but must not redetermine certified disability percentages.
- Who
- The Allahabad High Court, three NEET-UG candidates, and medical assessment boards constituted by the National Medical Commission.
- What
- The court held that NMC medical boards cannot redetermine disability percentages recorded in valid certificates and ordered the candidates’ inclusion in PwBD counselling.
- Where
- The ruling came from the Lucknow bench of the Allahabad High Court.
- When
- The order was reported on September 23; the case concerns NEET-UG 2026 counselling and board findings dated August 11 and August 21.
- Why
- The court found that the medical boards exceeded their authority by lowering certified disability percentages instead of limiting their assessment to functional ability and reasonable accommodation.
Court’s interpretation
Medical-board determination
Authority to assess disability percentage
Court’s interpretation
The court held that a valid disability certificate issued under Sections 56 and 57 of the Rights of Persons with Disabilities Act remains binding unless set aside by a competent judicial or statutory forum.
Medical-board determination
The NMC Medical Assessment Board and Appellate Medical PwBD Assessment Board reassessed the candidates and declared them ineligible for PwBD reservation.
Role of medical boards
Court’s interpretation
The boards may assess whether a candidate can pursue and complete MBBS with reasonable accommodation and assistive devices, but cannot change the certified disability percentage.
Medical-board determination
The boards issued findings that reduced or otherwise rejected the candidates’ eligibility, although the court noted that they had found all three functionally capable of completing the MBBS course.
PwBD counselling eligibility
Court’s interpretation
The court ordered the candidates to be considered for seat allocation based on their valid certificates, UDID cards, PwBD All India Ranks and applicable counselling rules.
Medical-board determination
The board findings had excluded the candidates from PwBD reservation because they were considered below the applicable eligibility requirement.
Key facts
- Court
- Allahabad High Court, Lucknow bench
- Bench
- Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary
- Candidates
- Shubham Mishra, Saurabh Rana and Gulfam Ahmed
- Certified disabilities
- 45% for Mishra, 50% for Rana and 40% for Ahmed
- Medical-board dispute
- The boards lowered or otherwise reassessed the candidates’ disability percentages and declared them ineligible for PwBD reservation.
- Court direction
- Authorities must include the three candidates in remaining online NEET-UG 2026 PwBD counselling.
- Applicable threshold
- The court referred to NMC guidelines stating that candidates with 40% or more disability are covered by PwBD provisions.
Sources
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