NEET counselling: HC says NMC medical board cannot redetermine disability percentage
In short
- The Allahabad High Court's Lucknow bench held on 23 September 2026 that NMC medical boards cannot alter disability percentages on valid certificates.
- The court quashed findings that reduced the disability percentages of Shubham Mishra, Saurabh Rana, and Gulfam Ahmed.
- Authorities are directed to include the three candidates as eligible PwBD candidates in the remaining NEET-UG 2026 counselling.
- The NMC medical assessment board's role is limited to assessing a candidate's functional ability to pursue MBBS with accommodations.
- NMC guidelines state candidates with 40% or more disability are covered under PwBD provisions, emphasizing functional competency.
The Allahabad High Court’s Lucknow bench, comprising Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary, ruled on Wednesday, 23 September 2026, that a medical assessment board constituted by the National Medical Commission (NMC) cannot reassess or alter the percentage of disability recorded in a valid certificate issued by a competent authority. This decision impacts candidates seeking reservation under the Persons with Benchmark Disability (PwBD) category in NEET counselling.
The ruling came while deciding three petitions filed by Shubham Mishra, Saurabh Rana, and Gulfam Ahmed, who were declared ineligible for PwBD reservation after their disability percentages were reduced by medical boards. The court clarified that a valid disability certificate, issued under sections 56 and 57 of the Rights of Persons with Disabilities (RPwD) Act, remains binding on all concerned authorities unless set aside by a competent judicial or statutory forum.
Scope of NMC Medical Assessment Boards
The High Court emphasized that the role of the NMC medical assessment board is restricted to determining whether a candidate can pursue and complete the MBBS course with reasonable accommodation and assistive devices. It explicitly stated that this role does not extend to redetermining the percentage of disability already certified by the competent authority.
The NMC PwBD Guidelines 2026, published by the Undergraduate Medical Education Board, also align with this principle. These guidelines, issued under Sections 10 and 24 of the National Medical Commission Act, 2019, shift the focus from percentage-based disqualification towards individualized functional competency evaluation. They state that a candidate possessing a benchmark disability of 40% or more cannot be declared ineligible solely based on a medical diagnosis or percentage category recorded on their Unique Disability Identity (UDID) card. The NMC believes that disability alone should not determine eligibility, but rather whether candidates can perform essential functions expected from an MBBS graduate with reasonable accommodations.
Impact on Petitioners and NEET-UG 2026 Counselling
The court quashed the findings of both the Medical Assessment Board and the Appellate Medical PwBD Assessment Board concerning Shubham Mishra, Saurabh Rana, and Gulfam Ahmed. It further directed authorities to include these three candidates as eligible PwBD candidates in the remaining NEET-UG 2026 counselling.
These candidates are now to be considered for seat allocation in accordance with their PwBD All India Rank and the applicable counselling rules. For instance, Shubham Mishra, who had a certificate showing 45% permanent disability due to a chronic neurological condition (Bell’s palsy) issued by the Chief Medical Officer, Sultanpur, had secured PwBD All India Rank 948 in NEET-UG 2026. His disability was reduced to 20% by the Medical Assessment Board, and he was after that found ineligible by the Appellate Medical Board. Saurabh Rana had 50% disability, and Gulfam Ahmed had 40% disability. In all three cases, the medical boards had found the candidates functionally capable of pursuing and completing the MBBS course.
Appeals and Functional Assessment
The court clarified that its ruling does not dispense with the requirement of a functional assessment. The NMC PwBD Guidelines 2026 require the medical board to assess whether a candidate can pursue and complete the MBBS course with reasonable accommodation and assistive technology, rather than reassessing the disability percentage. Historically, medical admission boards relied heavily on numerical disability percentages, but the new framework prioritizes practical functional capability.
Candidates declared ineligible by a Primary Disability Medical Board can submit an appeal to an Appellate Disability Assessment Board. The Directorate General of Health Services has expanded designated assessment centers from 16 to 61 nationwide to support these assessments. The decision of the Appellate Disability Assessment Board is considered final. Candidates wishing to appeal can do so via email to disabilityappeal-chair@gov.in and disabilityappeal-convener@gov.in, along with their choice of Appellate Disability Assessment Board, before the commencement of their respective round of NEET counselling.
| Hospital Name | City/State |
|---|---|
| VMMC & Safdarjung Hospital | New Delhi |
| Grant Government Medical College & Sir JJ Group of Hospitals | Mumbai |
| Banaras Hindu University | Banaras |
| Madras Medical College | Chennai |
| Institute of Post Graduate Medical Education and Research (IPGMER) | Kolkata |
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