The Delhi High Court has sought response of the Centre and the National Medical Commission (NMC) on a medical aspirant's plea challenging the disability certificate issued by Lady Hardinge Medical College which assessed his disability at 100 per cent.

According to the petitioner, he has 60 per cent locomotor disability and the assessment of his disability to the extent of 100 per cent is untenable “especially when the disability board has itself observed that the petitioner is not using any assistive devices”.

Justice Vikas Mahajan issued notices and sought replies of the Centre, NMC, Medical Counselling Committee (MCC), National Testing Agency, Lady Hardinge Medical College and Department of Empowerment of Persons with Disabilities.

The court said the counter affidavits shall be filed within four weeks and listed the petition for further hearing on February 27.

Petitioner Usman, represented through advocates Asad Alvi and Sadiya Rohma Khan, said he undertook NEET-UG, 2022 examination and after clearing it, he reported at the designated disability assessment board constituted by the MCC of DGHS for his assessment as per the statutory regulations of the NMC.

The petition said the designated medical assessment board in this case was Lady Hardinge Medical College and associated hospitals, which assessed the petitioner's disability at 100 per cent on October 8.

Apart from the disability, the board made the observation that 'the candidate is not using any assistive devices hence the functional competency could not be assessed', it said The petitioner's counsel submitted that the assessment of petitioner's disability to the extent of 100 per cent is untenable.

“This new disability certificate clearly displays a huge 40 per cent margin of disability percentage from the original unique ID disability certificate the petitioner was issued by the State Government of Uttar Pradesh in 2018. Additionally the petitioner does not use any assistive devices that enables him to be a fit candidate, as the certificate itself affirms that no functional tests were done.

“This hurried approach by respondent no. 4 (national medical board) and 5 (Lady Hardinge Medical College) have completely isolated transparency and scientific and medical reasoning without providing any detailed written medical reasons to declare the petitioner as 'Not-eligible' for NEET-UG medical course 2022,” the petition said.

The plea said the NEET-UG 2022 information bulletin issued by the NTA has prescribed five per cent reservation to Persons with Disability (PwD) in each category seats and the candidates with at least 40 per cent impairment irrespective of the type of disability shall be eligible for the benefits of PwD category.

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