PwD Reservation For NEET Must Be Given As Per Unique Disability ID Card, Authority Can't Reassess Aspirant's Disabilities: Allahabad High Court

The Allahabad High Court has recently held that the benefit of reservation for NEET examination must be given based on Unique Disability ID (UDID) issued by competent authority and the authority under the National Medical Commission Act could not reassess the disability suffered by the candidate.While granting relief to a NEET aspirant, Justice Pankaj Bhatia held:“the only function which can be assigned to the authorities designated in terms of the guidelines issued by the National Medical Commission Act can be to assess the 'functional disability' for which the candidate would have to undergo test to form a view as to whether the person who has applied for NEET Examination is functionally able to undergo the studies and the rigours of the course. The same does not authorize the designated agency to reassess the disability suffered by the candidate in terms of the certificate issued by the UDID Authority...Considering the fact that the petitioner qualified in the functional disability test and has been found suitable for undergoing medical studies, the disability certificate issued by the authority and reflected in the UDID would prevail for the benefit of grant of reservation”The high court referred to Supreme Court's decision in Purswani Ashutosh v. Union of India (2019) which said that the "disability of a person is quantified at the time of availing a Unique Disability ID Card". It had further said that the quantification of disability is moot at the point of admission to educational courses since the eligibility for a person to benefit from reservation may be evaluated using the quantification in the UDID Card.Petitioner, having 70% permanent disability in relation to body and leg of the petitioner, obtained the UDID card from the competent authority. Petitioner applied for NEET in 2025 and claimed benefit of reservation in 'persons with benchmark disability' category. In the first round of counselling, petitioner's disability was assessed at 31% which disqualified him from taking the benefit of the reservation as the reservation was granted to the students who had benchmark disability more than 40%. Accordingly, petitioner challenged the medical certificate and prayed for grant of reservation based on the UDID card. The Court observed that the Supreme Court in Vishal Gupta v. Union of India & Ors. had laid down guidelines regarding assessment method for granting admission in MBBS Course to PwBD Candidates for the Assessment Year 2025– 26. Further, taking note of the judgment of the Supreme Court in Om Rathod v. Director General of Health Services and Ors , the Court held that the Rights of Persons with Disabilities Act, 2016 provides for the rights of the persons with benchmark disabilities. Observing that the UDID card is issued pursuant to the Act and the Rules made thereunder, the Court held that it is valid for claiming benefits under various enactments. “The said once issued under the statute and the rules framed cannot be overridden by any assessment done by any authority which is not an authority specified under the Act and the Rules.”Holding that the guidelines under which the petitioner was reassessed were in variance of interim guidelines issued by the Supreme Court, Justice Bhatia held that once the authority had stated that the petitioner suffers from functional disability to undergo MBBS course, the UDID card would prevail for grant of benefit of reservation. Accordingly, the writ petition was allowed. Case Title: Maaz Ahmad v. U.O.I. Thru. Secy. Ministry Of Health And Family Welfare Nirman Bhawan New Delhi and 8 Others [WRIT – C No. 7585 of 2025]Click Here To Read/Download Order

PwD Reservation For NEET Must Be Given As Per Unique Disability ID Card, Authority Can't Reassess Aspirant's Disabilities: Allahabad High Court

Upasna Agrawal

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PwD Reservation For NEET Must Be Given As Per Unique Disability ID Card, Authority Can't Reassess Aspirant's Disabilities: Allahabad High Court

Upasna Agrawal

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