MITADRU SAU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a direction upon the respondent authorities to quash and set aside the disability certificate dtd. 13/8/2024 issued by the Designated Disability NEET Screening Centre, IPGME&R, Kolkata which assessed the petitioner's disability at 31% and to reconsider the petitioner's disability assessment in accordance with the previous certification issued by the NIMHANS and RG Kar Medical College and Hospital, which had assessed the petitioner's disability as 63% and 55%, respectively and thus, allow the petitioner to claim the benefits of reservation under the PwD category for NEET-UG, 2024.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. the petitioner participated in National Eligibility-cum-Entrance Test (UG), 2024. It pertains to the category of person with disability (PwD). He suffers from Hereditary Neuropathy with Liability to Pressure Palsy (HNLPP), which was diagnosed in 2015, resulting in locomotor disabilities such as foot drop and weakness in all four limbs. The petitioner has been declared ineligible for PWD category reservation by the Designated Disability NEET Screening Centre, IPGME&R, Kolkata despite previous certificates from reputed institutions confirming the petitioner's disability as greater than 40%. In fact, as per the Unique Disability ID issued to the petitioner after examination of disability in terms of the relevant law at the RG Kar Medical College and Hospital, Kolkata, the percentage of disability of the petitioner was found to be 55%. The said disability ID was valid from 29/12/2023 to 29/12/2023. The determination of Bench Mark Disabilities was guided by the provisions of The Rights of Persons with Disabilities Act, 2016. Ss. 57 to 59 of the Act outlined the process of certifying disability. Whereas, according to the NEET Guidelines and Notification dtd. 13/5/2019 which amended the regulations of Graduate Medical Education, 1997, the Disability Assessment Board's role is limited to determining functional disability and assessing whether a candidate can pursue a medical Course. It is not an Appellate authority over the statutory certifying bodies designated under Sec. 57 of the 2016 Act. For example, the Board may assess whether a person lacking two hands can pursue a course requiring basic surgical skills. The fact that the Disability Assessment Board is incompetent to determine benchmark disability is also bear from the parent Statute i.e., the Indian Medical Council Act, 1956. Sec. 33 of the Act laid down powers to frame Regulations. There is no enabling provision authorising the Disability Assessment Board to determine benchmark disability. A harmonious reading of the provisions would imply that the Disability Assessment Board mentioned in Clause 6.7 of the NEET Guidelines can only verify the authenticity of the certificate issued by the certifying Authority and determine whether a person can pursue MBBS course with the said disability. Reliance is placed on a decision of Three Judges Bench of the Hon'ble Apex Court in Om Rathod Vs. Director General of Health Services & Ors. reported at 2024 SCC OnLine SC 3130.

(3.) Learned counsel appearing on behalf of the National Testing Agency denies the allegations made in the writ petition and submits as follows. While the authorities at NIMHANS and RG Kar Medical College and Hospital, Kolkata had earlier assessed the petitioner's disability at 55% and 35%, respectively, the Designated Disability NEET Screening Centre, IPGME&R, Kolkata assessed the petitioner's disability at 31%. The Information Bulletin of NEET (UG)-2024 laid down the detailed norms of the examination including the norms for counselling and reservation for the Medical Courses. Chapter 6.3 specified provisions relating to persons with disability. For extending the facilities of PwBD candidates, not only sub-clause c, but also sub-clauses b to g of Clause 6.7 of the Information Bulletin are to be relied upon. Appendix - VII specified the list of disability certificating centres who issued disability certificates as per the National Medical Commission norms. Therefore, whatever be the standard or procedure for issuing disability certificating under any other Act, for the purpose of getting admission to NEET (UG), the said guidelines would have to be followed. Therefore, the Disability Assessment Board was well within its power to re-assess the quantum of disability of a candidate. Reliance is placed on the decision of the Hon'ble Apex Court in the State of Tamil Nadu Vs. G. Hemlata & Anr. reported at (2020) 19 SCC 430.