The Calcutta High Court has held that a Medical Assessment Board or Appellate Authority cannot reassess the percentage of disability already determined by the competent authority under the Rights of Persons with Disabilities Act, 2016, for the purpose of determining eligibility under the PwBD reservation category.
Justice Amrita Sinha set aside the decision reducing a NEET-UG 2026 candidate’s disability from 40% to 21%, holding that the disability percentage certified by the competent authority and reflected in the Unique Disability ID (UDID) cardhas to be treated as final.
The petitioner, who secured All India NEET PwBD Rank 968, possessed a UDID issued on March 5, 2025, recording 40% temporary locomotor disability. However, the Medical Assessment Board reassessed his disability at 21% on September 16, 2026, a finding subsequently affirmed by the Appellate Authority on September 28, 2026, making him ineligible for PwBD reservation.
The Court noted that while the Medical Assessment Board found the petitioner functionally competent to pursue the MBBS course, capable of completing the prescribed competencies and posing no risk to patient safety, it nevertheless reduced his disability percentage.
Holding that the quantum of disability can be assessed only by the authority prescribed under the RPwD Act, the Court observed that once such assessment is reflected in the UDID card, it cannot be reassessed by another authority not authorised by law. The Court further held that the provisions of the RPwD Act would prevail over guidelines issued by an authority.
The Court clarified that the Medical Assessment Board and Appellate Authority are required to assess the functionality of a candidate, including whether the candidate can pursue the course, rather than reassess the quantum of disability. Since the petitioner had already been found functionally competent, the Board could not reduce his disability from the percentage recorded in his disability certificate and UDID.
The Court accordingly set aside the finding that the petitioner was ineligible for PwBD reservation and directed that the 40% disability recorded in his UDID be treated as final. It further directed IPGME&R, Kolkata to issue a fresh eligibility certificate by October 6, 2026, enabling the petitioner to participate in the next round of counselling under the PwBD category.
