The Delhi High Court in a petition filed by a student having a locomotor disability seeking admission in a medical college has issued a notice to the Centre and other respondents.

A Single Bench of Justice Vikas Mahajan ordered, “The learned counsel for the petitioner submits that the assessment of the petitioner’s disability to the extent of 100% is not tenable especially when the Disability Board has itself observed that the petitioner is not using any assistive devices. … The learned counsel for the respondents accept notice. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date.”

Advocate Sadiya Rohma Khan appeared for the petitioner while CGSC Monika Arora represented the respondents.

In this case, the petitioner with 60% locomotor disability falling under clause (c) of Section 34(1) of the Rights of Persons with Disability Act, 2016 undertook NEET-UG, 2022 examination and after clearing the same he reported at the designated Disability Assessment Board constituted by the Medical Council Committee of DGHS for his assessment as per the statutory regulations of the National Medical Commission.

The Board consisting of Lady Hardinge Medical College and associated hospitals, New Delhi, assessed the petitioner’s disability at 100%. Apart from the disability, the Board observed that “the candidate is not using any assistive devices hence the functional competency could not be assessed.”

The Court, therefore, listed the matter for hearing on February 27, 2023.

Accordingly, the Court issued the notice and sought a response from the respondents.

Cause Title- Usman v. Union of India & Ors.

Click here to read/download the Order