NMC-constituted medical board can't redetermine percentage of disability: HC
Lucknow, Sept. 24 -- The Lucknow bench of the Allahabad high court on Wednesday held that the percentage of disability recorded in a valid disability certificate issued by the competent authority cannot be reassessed or altered by a medical assessment board constituted by the National Medical Commission (NMC).
The court stated that the role of the NMC medical assessment board is limited to determining whether a candidate is capable of pursuing and completing the MBBS course with reasonable accommodation and assistive devices, and does not extend to redetermining the percentage of disability certified by the competent authority. The court held that a valid disability certificate issued by the competent authority under sections 56 and 57 of the Rights of Persons with Disabilities (RPwD) Act remains binding on all concerned authorities unless it is set aside by a competent forum.A division bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary, while deciding three petitions filed by Shubham Mishra, Saurabh Rana and Gulfam Ahmed together, quashed the findings of the Medical Assessment Board and the Appellate Medical PwBD(Person with Benchmark Disability) Assessment Board, which had declared the candidates ineligible for reservation under the PwBD category.
The court directed the authorities to include the three candidates as eligible PwBD candidates in the remaining NEET-UG 2026 counselling and consider them for seat allocation. The Medical Assessment Board, in its certificate dated August 11, reduced Mishra's disability from 45% to 20% and declared him ineligible for PwBD reservation. The Appellate Medical Board also found him ineligible under the PwBD category on August 21. The bench quashed the findings.
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