Madras High Court
E.Saranya vs The State Of Tamil Nadu on 24 September, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
WP.Nos.28994, 30278 & 30506 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 23.09.2025
Pronounced on : 24.09.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
WP.Nos.28994, 30278 & 30506 of 2025
WP.No.28994 of 2025
E.Saranya ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai 600 009
2.The Director of Medical Education & Research,
Kilpauk, Chennai 600 010
3.The Secretary,
Selection Committee,
Directorate of Medical Education & Research,
Kilpauk, Chennai 600 010
4.The National Medical Commission,
Rep. By its Secretary,
Pocket 14, Sector-8,
Dwaraka, New Delhi 110 077 ... Respondents
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PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a Writ of Mandamus directing the respondents to
consider the petitioner for selection and admission to MBBS/BDS degree
course in Tamil Nadu Government Medical / Dental Colleges 2025-26
Session under Persons with Benchmark Disability category based on the
marks secured in National Entrance cum Eligibility Test – Under
Graduate – 2025, in consideration of representation submitted by the
petitioner through e-mail.
For Petitioner : Mr.G.Sankaran,
Senior Counsel
for Mr.S.Nedunchezhiyan
For Respondents
For R1 & 2 : Mr.K.Tippu Sulthan,
Government Advocate
For R3 : Mrs.M.Sneha,
Standing Counsel
For R4 : Ms.Shubharanjani Ananth,
Standing Counsel
For JIPMER: Mr.M.T.Arunan,
Standing Counsel
WP.No.30278 of 2025
Keerthana N
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WP.Nos.28994, 30278 & 30506 of 2025
Rep. By her father and natural guardian
P.G.Narayanan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai 600 009
2.The Director of Medical Education & Research,
Kilpauk, Chennai 600 010
3.The Secretary,
Selection Committee,
Directorate of Medical Education & Research,
Kilpauk, Chennai 600 010
4.The National Medical Commission,
Rep. By its Secretary,
Pocket 14, Sector-8,
Dwaraka, New Delhi 110 077 ... Respondents
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a Writ of Mandamus directing the respondents to
consider the petitioner for selection and admission to MBBS/BDS degree
course in Tamil Nadu Government Medical / Dental Colleges 2025-26
Session under Persons with Benchmark Disability category based on the
marks secured in National Entrance cum Eligibility Test – Under
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Graduate – 2025, in consideration of representation submitted by the
petitioner through e-mail.
For Petitioner : Mr.G.Sankaran,
Senior Counsel
for Mr.S.Nedunchezhiyan
For Respondents
For R1 & 2 : Mr.K.Tippu Sulthan,
Government Advocate
For R3 : Mrs.M.Sneha,
Standing Counsel
For R4 : Ms.Shubharanjani Ananth,
Standing Counsel
For JIPMER : Mr.M.T.Arunan,
Standing Counsel
WP.No.30506 of 2025
S.Preetha ... Petitioner
Vs.
1.Union of India,
Rep. By its Secretary,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi 110 001
2.The National Medical Commission,
Rep. By its Secretary,
Pocket 14, Sector-8,
Dwarka, Phase-1, New Delhi 110 077
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WP.Nos.28994, 30278 & 30506 of 2025
3.Disability Assessment Medical Board,
Rep.by its Secretary,
Rajiv Gandhi Government General Hospital,
No.37JH+624,
Park Town, Chennai 600 003
4.Medical Counselling Committee,
Rep. By its Secretary,
Director General of Health Service,
Ministry of Health and Family Welfare,
Room No.354,
Nirman Bhawan, New Delhi 110 011
5.Tamil Nadu Medical Council,
C/o.Directorate of Medical Education and Research
Selection Committee,
Government of Tamil Nadu,
No.162, Periyar E.V.R.High Road,
Kilpauk, Chennai 600 010 ... Respondents
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the
records of the third respondent having Ref.Certificate No.2025-Jul/
UDID/001484 dated 29.07.2025 relating to the certificate for National
Eligibility cum Entrance Test (NEET) admission for specially abled
candidates and quash the same insofar as the said certificate has
concluded that the petitioner is not eligible for person with disability
(PwD) reservation for MBBS Course for the AY 2025-26 and
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consequently direct the third respondent Medical Board to strictly follow
and implement the interim guidelines of the second respondent on
Assessment Method for granting admission in MBBS course to Person
with Disability (PwD) candidates for AY 2025-26 in alignment with the
Rights of Persons with Disabilities (RPwD) Act, 2016 and direct the
third respondent to issue a fresh certificate declaring the petitioner
eligible for PwD reservation for attending the counselling for admission
to MBBS Course for AY 2025-26.
For Petitioner : Mrs.Nalini Chidambaram,
Senior Counsel
for Mrs.C.Uma
For Respondents
For R1 & 4 : Mr.R.Sanjay,
Central Government Standing Counsel
For R5 : Mrs.M.Sneha,
Standing Counsel
For R2 : Ms.Shubharanjani Ananth,
Standing Counsel
For JIPMER: Mr.M.T.Arunan,
Standing Counsel
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WP.Nos.28994, 30278 & 30506 of 2025
COMMON ORDER
These writ petitions have been filed for direction to the
respondents to consider the petitioners for selection and admission to
MBBS / BDS degree course in Tamilnadu Government Medical / Dental
Colleges for the academic year 2025-26, under Person with Benchmark
Disability (hereinafter called as ‘PwBD’) category based on the marks
secured in National Entrance cum Eligibility Test (hereinafter called as
'NEET) Undergraduate 2025 and also challenging the certificate issued
for NEET admissions for specially abled candidates dated 29.07.2025,
thereby declaring them ineligible for PwBD reservation since the
Medical Board Assessment disability is 25%.
A. FACTS OF THE CASES
2. The petitioner in WP.No.28994 of 2025 is physically
handicapped with congenital deformity in her hands and legs and she was
certified with 65% locomotor disability by the District Medical Board.
She was also issued disability certificate by the Department of
Empowerment of Persons with Disabilities, Ministry of Social Justice
and Empowerment, Government of India along with Unique Disability
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Identity Card (hereinafter called as “UDID”). After completion of her
12th standard in the month of May 2024, she applied for NEET UG 2025.
She scored 165 percentile marks and she became eligible for admission
to MBBS/BDS course. The selection committee issued prospectus for
admission to MBBS/BDS courses for the academic year 2025-26 and
she applied for admission to MBBS course under PwBD category.
Notification was issued by the Selection Committee with list of
candidates applied for admission to MBBS/BDS courses under PwBD
quota to get their disability certificate from the Regional Medical Board
of Rajiv Gandhi Government General Hospital, Chennai. Accordingly,
the petitioner appeared and she was subjected to physical evaluation. The
Medical Board after assessing her disability, issued certificate dated
25.07.2025 with remarks “as per Medical Board assessment, locomotor
disability is 10%”. Therefore, she became ineligible for admission under
PwBD quota. The petitioner in WP.No.30278 of 2025 is physically
handicapped with hearing impairment certified with 56% permanent
disability by District Medical Board. After completing her 12th standard
in the month of May 2025, she applied for NEET UG-2025. She scored
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WP.Nos.28994, 30278 & 30506 of 2025
266 percentile marks and she became eligible to get admission to MBBS
course. As directed by the Selection Committee, she appeared before the
Regional Medical Board of Rajiv Gandhi Government General Hospital
and she was subjected to physical evaluation. The Medical Board issued
certificate with remarks “Binaural percentage hearing disability is 0
percentage”. Therefore, she became ineligible for admission under
PwBD quota. The petitioner in WP.No.30506 of 2025 suffers from
locomotor disability and she was assessed with 50% disability by the
UDID certificate issued by Government of India. After completion of her
12th standard, she applied for NEET UG examination for the academic
year 2025-26. She secured 260 marks out of 720 and she became eligible
to apply for admission to MBBS/ BDS courses. Therefore, she applied
for MBBS admission under PwBD category based on her locomotor
disability. As per the notification issued by the Selection Committee, she
had appeared before the Medical Board, Rajiv Gandhi Government
General Hospital, Chennai and she was subjected to physical evaluation.
The Medical Board assessed her disability as 25%. Therefore, she
became ineligible for admission under PwBD quota.
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B. PETITIONERS' COUNSELS' SUBMISSIONS
3. Mr.G.Sankaran, the learned Senior Counsel appearing for
the petitioners in WP.Nos.28994 & 30278 of 2025 submitted that the
petitioners were assessed of their disabilities by the Central Government
as well as State Government and were certified with 50% locomotor
disability. As per the notification of the Selection Committee, the
petitioners were subjected to physical evaluation before the Regional
Medical Board of Rajiv Gandhi Government General Hospital, Chennai.
However, they were assessed below 40% of their locomotor disability
and as such they were declared ineligible to apply under PwBD quota.
Method of assessment of the functional competency / functional
disability by the Designated Medical Board started from this academic
year, only to ensure that the candidates getting admission to MBBS
courses with physical disability should be able to have the functional
competence to perform the functions of a doctor. Since the petitioners
suffer more than 50% of locomotor disability, it has to be verified as to
whether the petitioners are having functional capability to perform the
functions of a physician or surgeon. Therefore, it is not for reducing the
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assessment of the percentage of disability which runs contrary to the
certificates already issued by the State Medical Board and the Central
Medical Board. The report is against the object for which Designated
Boards are constituted in accordance with the orders passed by the
Hon’ble Supreme Court of India in as much as the disability certificate
already issued by the competent authorities and it cannot be nullified by
the Designated Board. The competent authority from the State Medical
Board as well as the Central Medical Board issued disability certificate
after several steps of examination of the nature of disability both on
magnitude and functional basis. Therefore, the validity of such certificate
cannot be nullified by the Designated Board by conducting just a few
minutes of evaluation and pronouncing varied percentage of disability
only to disqualify the petitioners from getting admitted to MBBS course
under PwBD quota. Therefore, all the petitioners will be able to function
as doctors in all aspects satisfying the competencies mentioned in the
Appendix under Schedule-I. He relied upon the judgment of the Hon’ble
Supreme Court of India in the case of Om Rathod Vs. Director General
of Health Sciences1, wherein it was held as follows:
1 2024 SCC Online SC 3130
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50. Section 25 of the RPWD Act outlines the positive
obligation of Government and local authorities to provide
healthcare to persons with disabilities. An affirmative
obligation is placed to ensure that persons with
disabilities receive a barrier free access to all public and
private healthcare institutions. Removal of barriers can
only be achieved if persons with disabilities feel
comfortable while accessing healthcare. The barriers
faced by a person may be physical, psychological and
attitudinal. The inclusion of persons with disabilities
within medical practice is vital to ensure that the approach
of the medical community and of hospitals and other
healthcare institutes is humane, sensitive and informed by
lived experiences. It strengthens our fraternity. Therefore,
the process through which medical aspirants with
disability enter the profession must be compatible with
constitutional and statutory entitlements and guarantees.
53. We have noted above that Disability Assessment
Boards must comply with rule of law principles by
injecting transparency, fairness and consistency in their
approach. The Boards must further elaborate on the
reasons for the outcome of their assessment, in particular
when they opine that the candidate is ineligible. The
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Disability Assessment Boards must focus on the functional
competence of persons with disabilities and not merely
quantify the disability. The quantification of disability is a
task in need of a purpose within the human rights based
model of disability. The functional competency approach
to assessment for a medical course is globally recognised.
To enable members of the Assessment Boards in effectively
applying the functional competency test, they must be
adequately trained by professionals and persons with
disabilities or persons who have worked on disability
justice. These trainings must be with a view to enhance the
understanding of the Board members in assessing persons
with disabilities and must not pathologize or problematize
them.
54. The disability of a person is quantified at the
time of availing a Unique Disability ID Card. 27 The
quantification of disability is moot at the point of
admission to educational courses since the eligibility for a
person to benefit from reservation may be evaluated using
the quantification in the UDID Card. If a person with
disability wants to have themself re-assessed so as to
verify whether their disability falls within the prescribed
parameters for reservation - they may choose to do so by
updating their UDID Cards. The role of the Disability
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Assessment Boards must be tailored (with a functional
competency approach) only for the course which the
candidate seeks to pursue.
3.1 The Hon'ble Supreme Court of India concluded the above
judgment as follows:
“60. We further conclude as follows:
a) The second respondent shall issue fresh guidelines for
admitting persons with disabilities into medical courses. The
committee formulating the guidelines must include experts with
disability or persons who have worked on disability justice. The
guidelines shall comply with the judgments of this Court and
contemporary advancements in disability justice;
b) The Disability Assessment Boards shall eschew from
a benchmark model to test the functional competence of
medical aspirants with disability. The second respondent shall
issue appropriate guidelines in this regard;
a. The Disability Assessment Boards shall include a
doctor or health professional with disability as per the
directions of the first respondent dated 24 March 2022; b.
The conduct of the Disability Assessment Boards shall be fair,
transparent and in compliance with principles of the rule of
law. Attention must be paid to ensure that candidates
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appearing before the Board do not feel uncomfortable on
account of physical or attitudinal barriers;
c. Reasonable accommodation is a gateway right to
avail all other fundamental, human and legal rights for
persons with disabilities. Non-availability of reasonable
accommodation amounts to discrimination and violates
substantive equality of persons with disabilities;
d. The inclusion of persons with disability in the
medical profession would enhance the quality of healthcare
and meet the preambular virtue of fraternity and the
guarantees in Articles 21, 19, 14 and 15 of the Constitution;
e. Applicants to the NEET examination must be
informed about the compliance of accessibility norms and
provisions of reasonable accommodation available at
colleges. The respondents shall issue appropriate directions
to create a database with relevant information on
accessibility and reasonable accommodation; and
f. Enabling Units at medical colleges shall act as
points of contact for persons with disability desirous of
accessing clinical accommodations.
3.2 Though the Hon’ble Superme Court of India directed to
issue fresh guidelines for admitting persons with disabilities to medical
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courses, the National Medical Commission framed only interim
guidelines on assessment method for granting admission in MBBS
courses to PwBD candidates, thereby did not comply with the directions
issued by the Hon’ble Supreme Court of India. As per the conclusions,
Disability Assessment Boards shall eschew from a benchmark model to
test the functional competence of medical aspirants with disability. But
the National Medical Commission failed to issue any guideline in this
regard. He also relied upon the judgment of the Hon’ble Supreme Court
of India in the case of Omkar Ramachandra Gond Vs. Union of India
and Others2, wherein it was held as follows:
46. Disabilities Assessment Boards are not
monotonous automations to just look at the quantified
benchmark disability as set out in the certificate of
disability and cast aside the candidate. Such an
approach would be antithetical to Article 14 and Article
21 and all canons of justice, equity and good conscience.
It will also defeat the salutary objectives of the RPwD
Act. The Disabilities Assessment Boards are obliged to
examine the further question as to whether the candidate
in the opinion of the experts in the field is eligible to
2 2024 SCC Online 2860
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WP.Nos.28994, 30278 & 30506 of 2025
pursue the course or in other words, whether the
disability will or will not come in the way of the
candidate pursuing the course in question.
48. While interpreting the Regulations and
Guidelines, as provided in Appendix H-1 to the
notification dated 13.05.2019, as they stood for the
academic year 2024-25, we are constrained, keeping in
mind the salutary object of the RPwD Act and Article
41 of the Directive Principles of State Policy, to direct
that mere existence of benchmark disability of 40% or
above (or such other prescribed percentages depending
on the disability) will not disqualify a candidate from
being eligible for the course applied for. The Disability
Assessment Boards assessing the candidates should
positively record whether the disability of the candidate
will or will not come in the way of the candidate
pursuing the course in question. The Disability
Assessment Boards should state reasons in the event of
the Disability Assessment Board concluding that
candidate is not eligible for pursuing the course.
3.3 The Hon'ble Supreme Court of India concluded the above
judgment as follows:
53. For the reasons set out hereinabove,
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(i) We hold that quantified disability per se will not
dis-entitle a candidate with benchmark disability from
being considered for admission to educational
institutions. The candidate will be eligible, if the
Disability Assessment Board opines that notwithstanding
the quantified disability the candidate can pursue the
course in question. The NMC regulations in the
notification of 13.05.2019 read with the Appendix H-1
should, pending the re-formulation by NMC, be read in
the light of the holdings in this judgment.
(ii) The Disability Assessment Boards assessing the
candidates should positively record whether the disability
of the candidate will or will not come in the way of the
candidate pursuing the course in question. The Disability
Assessment Boards should state reasons in the event of the
Disability Assessment Boards concluding that the
candidate is not eligible for pursuing the course.
(iii) The Disability Assessment Boards will, pending
formulation of appropriate regulations by the NMC,
pursuant to the communication of 25.01.2024 by the
Ministry of Social Justice and Empowerment, keep in mind
the salutary points mentioned in the said communication
while forming their opinion.
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WP.Nos.28994, 30278 & 30506 of 2025
(iv) Pending creation of the appellate body, we
further direct that such decisions of the Disability
Assessment Boards which give a negative opinion for the
candidate will be amenable to challenge in judicial review
proceedings. The Court seized of the matter in the judicial
review proceedings shall refer the case of the candidate to
any premier medical institute having the facility, for an
independent opinion and relief to the candidate will be
granted or denied based on the opinion of the said
medical institution to which the High Court had referred
the matter.
(v) We have already, pursuant to our order dated
18.09.2024, in view of the favorable report dated
13.09.2024 of the Maulana Azad Medical College,
granted admission to the appellant. We confirm the
admission and direct the concerned authorities to treat the
admission as a valid admission in the eye of law.
3.4 Accordingly, the Medical Board assessing the candidates
should positively record whether the disability of the candidate will or
will not come in the way of the candidates' candidature with respect to
the course in question. The Board should state valid reasons while
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concluding that a candidate is not eligible for pursuing the course.
Hence, the disability certificate issued by the Medical Board cannot be
taken into consideration, and the disability certificate and the UDID card
issued by the District Medical Board and the Government of India alone
shall be taken into consideration in order to consider the petitioners for
selection and admission under PwBD quota to MBBS/BDS course in
Tamilnadu Government Medical / Dental Colleges for the academic year
2025-26.
3.5 The learned Senior Counsel further submitted that the
Regional Medical Board of Rajiv Gandhi Government General Hospital,
Chennai, has no power to assess the percentage of disability of the
petitioners when both District Medical Board and the Government of
India had previously assessed the disabilities of the petitioners and had
issued UDID card. Therefore, the Regional Medical Board should only
go into the functional assessment of the individuals.
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WP.Nos.28994, 30278 & 30506 of 2025
4. Mrs.Nalini Chidambaram, the learned Senior Counsel
appearing for the petitioner in WP.No.30506 of 2025 submitted that as
directed by the Hon’ble Supreme Court of India in Om Rathod's case1
(cited supra), the National Medical Commission issued interim
guidelines on assessment method for granting admission in MBBS
course to PwBD candidates for the academic year 2025-26, emphasizing
prioritization of functional competency over rigid percentage-based
disability thresholds. Further, the previously mandated arithmetic
threshold shall be no longer applicable. Instead, emphasis will be placed
on assessing a candidate's functional ability to meet the academic and
clinical demands of the MBBS course. However, the Medical Board has
fragrantly violated these guidelines by applying rigid percentage-based
assessment instead of functional competency evaluation. Further, the
Medical Board also failed to provide a reasoned decision explaining why
the petitioners' competency was found inadequate and why the
petitioners' valid UDID certificate was ignored. Therefore, the certificate
issued by the Medical Board cannot be sustained as the same is illegal,
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arbitrary and violative of the interim guidelines issued by the National
Medical Commission.
C. RESPONDENTS' COUNSELS' SUBMISSIONS
5. Per contra, Mrs.M.Sneha, the learned Standing Counsel
appearing for the Selection Committee, Directorate of Medical Education
and Research, Chennai, submitted that all the judgments relied upon by
the learned Senior Counsels are not applicable to these cases since the
petitioners were not assessed with more than 40% disability to become
eligible under PwBD quota. They were actually assessed below 40%
disability and as such they cannot be considered under PwBD quota.
Their candidature are very much eligible under other quotas. In all the
judgments of the Hon’ble Supreme Court of India that were relied upon
by the learned Senior Counsels, the Hon’ble Supreme Court of India
dealt with the issue where the persons were disqualified for the medical
courses due to their disability. Therefore, the Hon’ble Supreme Court of
India issued several directions to frame guidelines to be followed while
assessing the disability. In the cases on hand, the petitioners are not
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assessed with even 40% disability. It does not mean that they are not
eligible to the medical course rather it means that their candidature
cannot be considered under PwBD quota since the eligibility criteria as
per the prospectus to apply under the PwBD quota is that the disability
assessment should be a minimum of 40%. For eligibility for medical
courses under PwBD, the disability assessment shall be between 40% to
80%. Even the persons with more than 80% disability may be allowed on
condition that their functional competency will be determined with the
aid of assessive devices. Therefore, a candidate with disability of less
than 40% shall not be eligible to apply under PwBD quota as per the
appendix H(1) in the Regulations on Graduate Medical Education, 1997.
6. Ms.Shubharanjani Ananth, the learned Standing Counsel
appearing for National Medical Commission submitted that as per the
prospectus issued by the Selection Committee, all the candidates who
applied under PwBD quota, shall be subjected to assessment before the
Medial Board i.e. Regional medical Board of Rajiv Gandhi Government
General Hospital, Chennai. Though the petitioners were assessed by the
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District Medical Board and Government of India and were issued
Locomotor Disability Certificate and UDID card, their disability shall be
assessed as per the said Appendix H(1) of the prospectus. Accordingly,
minimum degree of disability should be 40% in order to be eligible for
availing reservation under the PwBD quota. As per Form 6, the
certificate of disability must be issued as contemplated under Rule 18(1)
of the Rights of Persons with Disabilities Rules, 2017. Accordingly,
disability should be quantified by the percentage. Once the Medical
Board, as per the prospectus, assessed the disability, there is no question
of appeal or re-assessment. However, as directed by this Court, the
petitioners were referred before the Jawaharlal Institute of Postgraduate
Medical Education and Research (hereinafter called as 'JIPMER') for
their assessment of disability. They were subjected to evaluation of their
disability before the Disability Assessment Board. Accordingly, they
were assessed and issued assessment reports by assessing their disability
with quantified percertage. The Disability Assessment Board of JIPMER
is considered to be the best medical assessment body in India and as
such, its report can be taken as the final one. Though all the petitioners
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are capable of performing all functions as required for the MBBS course,
they are not eligible under PwBD quota. They are eligible to apply under
other quotas.
7. Heard, the learned counsel appearing on either side and
perused all the materials placed before this Court.
D. FINDINGS
8. All the petitioners applied for admission to MBBS / BDS
courses for the academic session 2025-26 under special category i.e.
PwBD category. As per the notification issued by the Selection
Committee dated 21.07.2025, those who applied under PwBD quota is to
get their disability certificate from Regional Medical Board of Rajiv
Gandhi Government General Hospital, Chennai. The petitioners had
appeared before the Medical Board and they were subjected for physical
evaluation. The Medical Board certified that the petitioner in
WP.No.28994/2025 with 10% locomotor disability, the petitioner in
WP.No.30506 of 2025 with 25% locomotor disability and the petitioner
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in WP.No.30278 of 2025 with 'binaural percentage hearing disability as
0%”. Therefore, they are not eligible to apply for MBBS/BDS course
under PwBD quota. However, they are eligible to apply under other
quotas. This Court directed the petitioners for re-assessment of their
disability before JIPMER, Puducherry. All the petitioners were subjected
to their disability assessment before the Disability Assessment Medical
Borad consisting four doctors. After assessment, the petitioner in
WP.No.28994 of 2025 was assessed with 30% of disability, the petitioner
in WP.No.30278 of 2025 was assessed with hearing disability at 20.9 %
which comes under category I, mild hearing impairment. She is using
hearing aids for day to day activities and as such she will be able to
perform daily regular activities and she will be able to perform all her
physical requirements for medical officer post. The petitioner in
WP.No.30506 of 2025 was assessed with disability of 32%. She will be
able to perform all bimanual hand function with partial success and she
will be able to perform all the physical requirements for the medical
officer post. Therefore, all the petitioners were assessed below 40%
disabilities as per the prospectus issued by the Selection Committee for
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WP.Nos.28994, 30278 & 30506 of 2025
admission to MBBS/BDS degree course in Tamilnadu Government
Medical /Dental Colleges under government quota seats in self financing
medical / general colleges, ESIC Medical College, KK Nagar, Chennai
affiliated to Tamil nadu Dr.M.G.R. University & State Private
Universities for the academic year 2025-26, Clause No.5 with regards to
instructions for special category (PWD, Sports and Ex-Servicemen).
9. As directed by the Hon’ble Supreme Court of India in Om
Rathod's case1 (cited supra), National Medical Commission issued
interim guidelines on assessment method for granting admission in
MBBS courses for PwBD candidates for the academic year 2025-26 and
issued Appendix H(1). Accordingly, the eligibility for medical course
under PwBD quota under various disability types not less than 40%
disability are described in the aforementioned Appendix “H-1” as
follows:
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WP.Nos.28994, 30278 & 30506 of 2025
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10. Thus it is clear that the person disabled with less than 40%
disability is not eligible to apply under PwBD quota for admission to
MBBS / BDS courses for the academic year 2025-26.
11. With regard to the judgments cited by the learned Senior
Counsels in support of their contentions, as per the guidelines of the
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WP.Nos.28994, 30278 & 30506 of 2025
Medical Council of India, persons with certain percentage of certain
other disabilities were debarred from medical admission in toto. This
issue was dealt with by the Hon’ble Supreme Court of India and held that
debarring a person from medical admission purely based on the
percentage of disability is wrong but rather they should be assessed with
respect to their functional capability. Therefore, the judgments relied
upon by the learned Senior Counsels appearing for the petitioners are not
applicable to the cases on hand for the simple reason that those
judgments were pronounced for the candidates who were not qualified
for the medical course due to their disability and hence the Hon’ble
Supreme Court of India issued directions to issue fresh guidelines for
admitting such persons with disability to medical courses. But in the
cases on hand, all the petitioners were declared ineligible to apply for
MBBS/ BDS courses under PwBD quota for the sole reason that they are
assessed with below 40% disability. But these petitioners are very well
eligible and capable for undergoing the degree of Medicine but they are
directed to apply for the same through other quotas/reservations.
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12. Further, the learned Senior Counsels raised a ground that the
Regional Medical Board of Rajiv Gandhi Government General Hospital,
Chennai, has no power to assess the percentage of disability of the
petitioners. However, as per the prospectus, the candidates who seek
admission under special category – PwBD should have uploaded a
separate special category form which is in Annexure-V and they also
have to upload the relevant medical certificates issued by the Regional
Medical Board of Rajiv Gandhi Government General Hospital, Chennai.
Therefore, the said submission cannot be countenanced. Further, the
petitioners were issued UDID card as per Rule 19 of Rights of Persons
with Disabilities Rules, 2017. It can be used for other relevant purposes
and it is admissible to apply for facilities, concessions and other benefits
applicable for persons with disability under schemes of Government and
all Non-Governmental Organization funded by the Government.
Therefore, it cannot be used for medical admission. As per the
guidelines, the persons who seek admission under PwBD quota, shall be
subjected to assessment of their disability by the Regional Medical Board
of Rajiv Gandhi Government General Hospital, Chennai as per the
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WP.Nos.28994, 30278 & 30506 of 2025
guidelines framed by the National Medical Commission. Further, in view
of the interim order passed by this Court, by way of appeal, this Court
directed the petitioners for assessment of their disability before JIPMER
and all the petitioners were re-assessed of their disability and were found
to be below 40% disability. Therefore, the directions sought for in these
writ petitions and challenging of disability certificate issued by the
Medical Board cannot be considered. As such, all the writ petitions are
devoid of merits and the same are liable to be dismissed.
13. Accordingly, all the writ petitions are dismissed. There shall
be no order as to costs.
24.09.2025
Neutral citation: Yes/No
Index: Yes/No
Speaking/Non-speaking order
lok
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To
1.Principal Secretary to Government,
The State of Tamil Nadu,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai 600 009
2.The Director of Medical Education & Research,
Kilpauk, Chennai 600 010
3.The Secretary,
Selection Committee,
Directorate of Medical Education & Research,
Kilpauk, Chennai 600 010
4.The National Medical Commission,
Rep. By its Secretary,
Pocket 14, Sector-8,
Dwaraka, New Delhi 110 077
5.Secretary,
Union of India,
Ministry of Health and Family Welfare,
Nirman Bhawan,
New Delhi 110 001
6.Disability Assessment Medical Board,
Rep.by its Secretary,
Rajiv Gandhi Government General Hospital,
No.37JH+624,
Park Town, Chennai 600 003
7.Secretary,
Medical Counselling Committee,
Director General of Health Service,
Ministry of Health and Family Welfare,
Room No.354,
Nirman Bhawan, New Delhi 110 011
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WP.Nos.28994, 30278 & 30506 of 2025
8.Tamil Nadu Medical Council,
C/o.Directorate of Medical Education and Research
Selection Committee,
Government of Tamil Nadu,
No.162, Periyar E.V.R.High Road,
Kilpauk, Chennai 600 010
9.The Government Advocate,
High Court of Madras
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G.K.ILANTHIRAIYAN, J.
lok
WP.Nos.28994, 30278 & 30506 of 2025
24.09.2025
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