Medical Assessment Board Cannot Reassess Disability Percentage Determined Under RPWD Act: Calcutta High Court

"The quantum of disability is to be assessed only by the authority prescribed under the provisions of the Rights of Persons with Disabilities Act, 2016 which issues the disability certificate and the Unique Disability ID. The quantum of disability cannot be re-assessed by the Medical Assessment Board or the Appellate Authority." Calcutta High Court, in a significant ruling dated September 21, 2026, held that the Medical Assessment Board lacks the jurisdiction to reassess the percentage of disability of a candidate already certified under the Rights of Persons with Disabilities Act (RPWD Act), 2016.

A bench of Justice Amrita Sinha observed that while the Board is empowered to evaluate a candidate’s functional competency for medical education, it cannot override the disability quantum established by the competent statutory authority.

The petitioner, a candidate for the NEET (UG) 2026 examination, held a Unique Disability ID (UDID) certifying a 60% locomotor disability. Upon appearing before the Medical Assessment Board for admission, his disability was reduced to 32%, rendering him ineligible for PwBD reservation. Although the Board acknowledged his functional competency to pursue the MBBS course, his exclusion based on the reduced disability percentage prompted him to approach the High Court, relying on the Supreme Court’s decision in Om Rathod v. Director General of Health Services.

The primary question before the court was whether the Medical Assessment Board and the Appellate Authority possess the legal authority to reassess the quantum of disability of a candidate already certified under the RPWD Act. The court was also called upon to determine if the guidelines issued by the National Medical Commission could supersede the statutory certification process under the RPWD Act, 2016.

The court emphasized that the RPWD Act, 2016, provides a clear framework for identifying benchmark disabilities. Under Section 2(r), a person with a benchmark disability is one with not less than 40% of a specified disability as certified by the prescribed authority. The UDID project, implemented by the Ministry of Social Justice and Empowerment, is the authoritative database for such certifications.

Statutory Prevalence Over Guidelines

The court clarified that any attempt by the Medical Assessment Board to ascertain the percentage of disability afresh is contrary to the statutory scheme of the RPWD Act. The Bench held that the provisions of the Act must prevail over any administrative guidelines. Allowing dual criteria for identifying disability would frustrate the object of providing reservation for PwBD candidates.

No Authority to Reassess Quantum

The court categorically stated that once a disability certificate and UDID are issued by the competent authority, there is no legal scope for reassessment by any other body. The role of the Medical Assessment Board is strictly limited to evaluating functional competency and patient safety, not the medical quantification of the disability itself.

Functionality Test Sufficient

The court observed that since the Medical Assessment Board had already verified the petitioner's functional competency, reasonable accommodation needs, and his ability to complete the MBBS course without posing a risk to patients, the exclusion on the basis of a reduced disability percentage was unsustainable.

The court set aside the conclusion of the Medical Assessment Board and the Appellate Authority regarding the petitioner's ineligibility. It directed the IPGME&R, Kolkata, to issue a fresh eligibility certificate to the petitioner by September 23, 2026, strictly relying upon the disability percentage mentioned in his UDID. Consequently, the petitioner is entitled to participate in the next round of counselling based on this certificate.

Date of Decision: 21 September 2026