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Delhi HC issues notice on petition by student with disability for admission in medical course

Delhi High Court building

According to the petition, Usman, who appeared in the NEET-2022 examination, scored the percentile above the cut-off marks as per the reservation category laid down by NTA. His counsel told the court that he has a 60% locomotor disability, which falls under clause (c) of Section 34(1) of the Rights of Persons with Disability Act, 2016, reports Livelaw.

The petition further alleges that National Medical Commission has failed to implement the NEET-UG Guidelines for Persons with Disabilities. The guidelines for Persons with Disabilities issued by Medical Counselling Committee provide that even if a Person with a Disability is more than 80% disabled, the functional competency must be determined, it contends.

“The petitioner, despite having qualified the prescribed cut-off percentile as per his reservation category, is denied to pursue the NEET-UG medical course,” the petition states.

Usman has further submitted that he holds the Unique Disability Identity Card along with the certificate issued by the Chief Medical Officer, Uttar Pradesh, confirming a 60% locomotor disability percentage; thus, there was no need to require the petitioner to attend a physical examination for disabled candidates.

“The need to again attend a physical examination screening for disabled candidates whose Unique disabled identity cards include permanent validity lacks logic and is an unnecessary burden on the disabled persons who hold a valid ID card confirming a ‘permanent disability percentage,'” he has said in the plea.

It is a mockery that a person with a locomotor disability has to run from pillar to post to get the disability percentage re-examined when the State Government already does the needful via the Unique ID card issued, the petition states.

The petition seeks clarity on the benefits available to persons with disabilities, as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Rules, 1996.

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