Kolkata: The quantum of a person’s disability mentioned in a Unique Disability ID cannot be reassessed again during a medical test for an MBBS course, Calcutta High Court held on Monday, giving a NEET UG successful candidate a second chance at pursuing the course.Justice Amrita Sinha directed the IPGME&R to issue a fresh eligibility certificate to the candidate, who suffers from a 60% motor disability in the right arm, by Sept 23. This certificate, stating that the candidate is “functional” and that there is no harm to “patient’s safety”, will enable the candidate to move to the second round of counselling to get admission in MBBS.Justice Sinha held that they cannot reassess the “quantum of disability of the candidate and reduce the same from the percentage as disclosed in the disability certificate followed by the UDID card.”Rashid Aktar Hussain participated in NEET (UG) 2026 Examination in the category of Persons with Benchmark Disabilities (PwBD). His all-India NEET rank in the category is 1936. Considering his all-India ranking, he ought to get admission in a govt medical college, his counsel argued.He was issued the Unique Disability ID by the Islampur sub-divisional hospital on Sept 18, which was valid till Jan 19, 2027.As per the guidelines on assessment of persons with benchmark disabilities for admission to the MBBS course, 2026, a candidate is required to produce a disability certificate issued by Medical Assessment Board. The candidate has to be functionally competent for being admitted in the course.Medical Assessment Board reduced his benchmark disability percentage by 29, which he appealed against. A reassessment was done and the percentage of disability was concluded to be 32.A Medical Assessment Board conducts the examination to ascertain the functionality of the candidate, the reasonable accommodations, ability to complete MBBS course and patient’s safety assessment.The authorities found that he demonstrated functional competency and there was no need to provide assistive or other support means. It was observed by the authorities that he had the “ability to successfully complete the MBBS course and he did not pose any risk to patient’s safety.”Meanwhile, Centre’s counsel argued that Assessment Board has to verify the nature and extent of the disability of the candidate. It was argued that reduction of the disability percentage makes him ineligible to fall within the bracket of benchmark disability.As per Section 2(r) of the Rights of Persons with Disabilities Act, 2016, “person with benchmark disability” means a person with not less than 40% of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.Justice Sinha noted that the Unique Disability ID card has been issued by the authority under Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Govt of India.“Once the quantum of disability is assessed and UDID card issued reflecting such quantum, there is hardly any scope to reassess the same by any other authority not prescribed by law,” Justice Sinha held, observing that the act of ascertaining disability percentage afresh by Medical Assessment Board was “not the proper approach.”
