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Judgment
MONICA CHHIBBER SHARMA, J. (Oral)
The present writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari, seeking quashing of the impugned order/Eligibility Certificate dated 09.10.2026 (Annexure P-7), issued by Medical Assessment Board-respondent No.7, whereby petitioner has been held to be ineligible for pursuing medical education. The petitioner is further challenging the Eligibility Certificate and medical opinion dated 12.10.2026 (Annexure P-8 and P-9), passed by respondent No.8, whereby petitioner has been held to be ineligible for PwD reservation, which according to the petitioner is violative of Article 14 of the Constitution of India. The petitioner is further seeking directions to the respondents to consider him for admission in post-graduation under PwD Category, in view of his Disability Certificate and Unique Disability ID (Annexure P1 and P-2). Further seeking directions to the respondents to allow the petitioner to participate in the ongoing NEET PG Counselling from Round 2 onwards under All India Quota conducted by Medical Counselling Committee and Round 2 onwards Maharashtra State NEET PG Counselling and Round 1 or 2 onwards of Haryana State Need PG Counselling conducted by Directorate of Medical Education Research Haryana under PwD Category.
Vide order dated 05.11.2026, the Court had passed the following order :-
“Counsel for the petitioner states that petitioner has applied for admission to MD/MS Course, 2026, on the basis of a disability certificate dated 27.08.2024, Annexure P-1, whereby it has been found that petitioner suffers from hearing disability to the extent of 80%. Counsel submits that respondents got the petitioner’s disability reassessed and vide report, Annexure P-9, his disability has been reduced to 35.80 %. Counsel states that petitioner had applied for admission to MD/MS course in the previous academic session, when his disability was assessed at 73.91%. He submits that counselling for MD/MS course is going to start from 06.11.2026 onwards.
Be that as it may, since there is a doubt over the disability of the petitioner, this Court deems it imperative to get his disability reassessed.
Accordingly, a request is made to the Director, Post Graduate Institute of Medical Sciences, Chandigarh, to constitute a Board of Directors to assess the disability of the petitioner.
Mr. Vivek Sharma, who is present in the Court, and is on the panel of PGIMS, is requested to intimate this order to the Institute so that a Board can be constituted and petitioner’s disability can be assessed tomorrow itself.
Noticing the nature of controversy involved, let the petition be listed for hearing on 09.11.2026, during Diwali spell.
A copy of the order be supplied to Mr. Vivek Sharma, Advocate, for further intimation.”
Pursuant to the directions of the Court, dated 05.11.2026, Mr. Vivek Sharma, Advocate representing PGIMS has submitted the Medical Board Report dated 07.11.2026, which is taken on record as Mark-A. As per the said medical report, petitioner has been assessed to be having Biaural disability with respect to the right ear/profound hearing loss, with respect to the left ear/severe mixed hearing loss, whereas the total biaural disability is assessed as 68.53%.
In view of the fresh disability report dated 07.11.2026, Mark-A, assessing the total disability of the petitioner to be 68.53%, the impugned order/eligibility certificate dated 09.10.2026 (Annexure P-7) issued by the Medical Assessment Board-respondent No.7 as well as medical opinion dated 12.10.2026 (Annexure P-8 and P-9), passed by Appellate Disability Assessment Board/respondent No.8, finding the petitioner to be ineligible for PwD reservation, are hereby set aside.
Further, as the petitioner is meeting the threshold criteria of more than 40% benchmark disability, directions are issued to respondent Nos.3, 5 and 6 to consider the case of the petitioner for the ongoing NEET-PG Counselling, as per the reassessed disability certificate dated 07.11.2026, (Mark-A) under the PwD category for the counselling from Round 2 onwards under All India Quota conducted by Medical Counselling Committee, Round 2 onwards of Maharashtra State and Round 1 and 2 onwards of Haryana State NEET-PG Counselling.
In view of the aforesaid terms, the present writ petition is hereby allowed.
Pending miscellaneous application(s), if any, shall stand disposed of.