Gauhati High Court
Page No.# 1/ vs The State Of Assam And 3 Ors on 17 September, 2025
Page No.# 1/10
GAHC010192122025
2025:GAU-AS:12316
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4961/2025
ROKIBUL HOQUE
S/O- SHOHIDUL ISLAM, RESIDENT OF VILLAGE, POST OFFICE AND
POLICE STATION- MOIRABARI, DISTRICT- MORIGAON ASSAM, PIN- 782126
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY
WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR OF MEDICAL EDUCATION
ASSAM
CUM CHAIRMAN SELECTION BOARD FOR SELECTION OF CANDIDATES
FOR ADMISSION INTO MBBS/BDS COURSE
KHANAPARA
GUWAHATI- 781022
3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GUWAHATI MEDICAL
COLLEGE
GUWAHATI
ASSAM
781032
4:THE JOINT DIRECTOR
OF HEALTH SERVICES
MORIGAON
DISTRICT- MORIGAON
ASSAM
PIN- 78210
Page No.# 2/10
Advocate for the Petitioner : ALHAJJ I UDDIN, MR ROBIUL HOQUE,M ALAMGEER,MR. A
ALAM
Advocate for the Respondent : GA, ASSAM, SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
17.09.2025 Heard Mr. A. I. Uddin, learned counsel for the petitioner and Mr. D. P. Borah, learned Standing Counsel for the respondent authorities.
2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent No. 2, to include his name in the Admission Notice, dated 21.08.2025, by publishing a corrigendum thereof, and allow him to get admission into MBBS course under 3% reserved quota for person with disability, as per the allotment of seat to him vide Admission Notice, dated 18.08.2025.
3. Mr. Uddin, learned counsel for the petitioner submits that the petitioner is a person with disability and a certificate was issued to him by the respondent No. 4, certifying that his disability is 40%, with a Left Supracondylar Fracture with Mild Malunion. Mr. Uddin also submits that the petitioner had qualified in NEET, 2025, under PwD quota, and participated under the Online Counseling Process, for admission in the MBBS Course, and the result of the said counselling was published on 18.08.2025, whereby the name of the petitioner had figured under General/PwD category and he was allotted seat at Tezpur Medical College. Thereafter, the petitioner was asked to appear in the Disability Assessment Board and accordingly, the petitioner appeared before the said Board; and thereafter, Page No.# 3/10 on 21.08.2025, the respondent No. 2 had published the list for eligible candidates, for admission into MBBS course under 3% PwD quota. However, the name of the petitioner finds no mentioned in the said list. Being aggrieved, the petitioner has approached this Court by filing the present petition.
3.1. Mr. Uddin, learned counsel for the petitioner further submits that the entire process of selection will be completed by 31 st August, and from 5th September, the session will start; and as such, Mr. Uddin has contended to issue direction to the respondent authorities to keep one seat vacant, till the disposal of this petition.
4. Per contra, Mr. Borah, learned counsel for the respondent authorities, submits that the petitioner had appeared before the Medical Board constituted by the Principal, Gauhati Medical College Hospital and the said Board had assessed the disability of the petitioner and submitted a report on 21.08.2025 and as per assessment report, disability of the petitioner was found to be only 15%, and which is much below the percentage of disability provided under the Rules and as such, Mr. Borah has contended to dismiss the petition. Mr. Borah has also produced before the Court the Information Bulletin in respect of National Eligibility cum Entrance Test (UG) 2025.
5. It is to be noted here that vide order, dated 27.08.2025, Mr. Borah was asked to file an affidavit, bringing on record the relevant rule, and also the ground for non-inclusion of the name of the petitioner in the select list. Accordingly, the respondent No.2 had filed an affidavit on 03.09.2025.
6. That, perusal of the said affidavit indicates that in respect of the Page No.# 4/10 statements made in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 & 9 of the petition, no comment was offered. With regards the statements made in paragraphs 10, 11, 12 & 14 of the petition, it is stated that the Amendment Notification issued by Medical Council of India, New Delhi vide No. MCI-34(41)/2019- Med/112862 dated 13.5.2019 as well as the Clause 4(1)(n) of Schedule - III of the "Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS courses) Rules, 2017 (Amendment up to 2025), provide that only the persons with locomotors disability of lower limbs and having between 50% to 70% of disability shall be eligible for the PWD quota.
Provided further that in case there is dearth of candidate in the range of 50% to 70% disability of lower limbs under Physically Disabled category, then candidates with disability of lower limbs between 40% to 50% shall be considered for admission. Accordingly, it may be concluded that :-
a) As per the above admission Rule for PWD candidates in MBBS/BDS courses, only lower limb locomotors disabilities are considered under PWD quota.
b) As per the report dated 21.8.2025, of the Medical Board constituted by the Principal, Gauhati Medical College, Guwahati vide Office Order dated 5.8.2025, which was constituted in pursuance of letter of DME, Assam vide No. eDME/UG/2025/663652/12, dated 04/08/2025; the percentage (%) disability of the petitioner is 15%. However, as per the provisions of the "Medical Colleges and Dental Colleges of Assam (regulation of Admission into 1 st year MBBS/BDS courses) Rules, 2017 (Amendment up to 2025) Page No.# 5/10 benchmark disability should be more than 40%.
c) Moreover, the disability of the petitioner involved only the upper limb and as such he is not eligible for admission under the PwD category in terms of aforesaid Rule 4(1)(n).
7. That in respect of paragraph No. 13 of the petition, it is stated that the Principal, Gauhati Medical College, Guwahati had constituted the Medical board comprising of various specialties Doctors to assess the percentage (%) disability of the candidates applied under PWD quota. However, the Principal himself is not a part of the Medical Board.
8. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and documents placed on record. Also I have gone through the Amendment Notification, issued by the Medical Council of India, New Delhi vide No. MCI-34(41)/2019- Med/112862, dated 13.05.2019, as well as the Clause 4(1)(n) of Schedule - III of the "Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS courses) Rules, 2017 (Amendment up to 2025).
9. That Clause 4(1)(n) of Schedule -III of the "Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS/BDS courses) Rules, 2017, provides that the 3% reservation for Physically Handicapped Category in MBBS/BDS Courses is not a separate reservation over and above other reservation. If the disabled candidate belongs to reserved categories such as SC/ST/OBC/MOBC or General Category, he/she shall be adjusted against the category to which he/she belongs. Only the persons with loco motor disability of lower limbs and having between 50% Page No.# 6/10 to 70% of disability shall be eligible for this quota.
9.1. It further provides that in case there is dearth of candidates in the range of 50% to 70% disability of lower limbs under Physically Disabled category then candidates with disability of lower limbs between 40% to 50% shall be considered for admission. It also provides that the Directorate of Medical Education (DME) shall constitute a Medical Board consisting of not less than three Head of the Orthopaedics Departments of the Medical Colleges of Assam or their representative not below the rank of Professor of Orthopaedics Department for assessment of disability of the student seeking admission, at the time of counselling. If there is any doubt in certificate indicating the degree of disability issued by the Medical Board, constituted by the Social Welfare Department, opinion of the aforesaid Medical Board constituted by the DME shall be final for selection of the candidate.
10. It also appears that vide Amendment Notification issued by Medical Council of India, New Delhi, vide No. MCI-34(41)/2019-Med/112862 dated 13.5.2019, (Annexure-'A' of the affidavit-in-opposition), reveals that the "Graduate Medical Education Regulations, 1997 was further amended vide "Graduate Medical Education Regulations, (Amendment), 2019". And clause 2 of the amended Regulation provides that in the "Regulations on Graduate Medical Education, 1997", in Appendix-"H", Guidelines regarding admission of students with "Specified Disabilities" under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS-shall be substituted with Appendix "H-1", which read as under:-
Appendix "H-1"
Page No.# 7/10 Guidelines regarding admission of students with "Specified Disabilities"
under the Rights of Persons with Disabilities Act, 2016 with respect to admission in MBBS Course.
Note:-
1. The "Certificate of Disability" shall be issued in accordance with the Rights of Persons with Disabilities Rules, 2017 notified in the Gazette of India by the Ministry of Social Justice and Empowerment [Department of Empowerment of Persons with Disabilities (Divyangjan)] on 15th June 2017.
2. The extent of "specified disability" in a person shall be assessed in accordance with the "Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)" notified in the Gazette of India by the Ministry of Social Justice and Empowerment [Department of Empowerment of Persons with Disabilities (Divyangjan) on 4th January 2018.
3. The minimum degree of disability should be 40% (Benchmark Disability) in order to be eligible for availing reservation for persons with specified disability.
4. The term 'Persons with Disabilities' (PwD) is to be used instead of the term 'Physically Handicapped (PH).
10.1. It is also stated that loco motor disability, including specified disabilities, of a person, if the percentage of disability is less than 40%, he is not eligible for PwD Quota. It is further provided that to be eligible for Medical Course, eligible for PwD quota, the disability should be of 40-80% Page No.# 8/10 disability. Persons with more than 80% disability may also be allowed on case to case basis and their functional competency will determined with the aid of assistive devices, if it is being used, to see if it is brought below 80% and whether they possess sufficient motor ability as required to pursue and complete the course satisfactorily.
11. Mr. Uddin, learned counsel for the petitioner, however, pointed out that as per Note 2, of the amended Regulation the extent of "specified disability" in a person shall be assessed in accordance with the "Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)" notified in the Gazette of India by the Ministry of Social Justice and Empowerment [Department of Empowerment of Persons with Disabilities (Divyangjan) on 4th January 2018, but the same has not been done in the case of the petitioner.
11.1. Mr. Uddin also submits that the Board was also not constituted in accordance with Clause 4.1(n) of Schedule-III of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1 st year MBBS/BDS Courses) Rules, 2017. And as such, Mr. Uddin submits that the respondent authorities may be directed to reassess "specified disability" of the petitioner in accordance with the "Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)" by constituting a Medical Board as provided in Clause 4.1(n) of Schedule-III of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1 st year MBBS/BDS Courses) Rules, 2017.
Page No.# 9/10
12. But, Mr. Borah, the learned counsel for the respondent authorities, submits that Clause 4.1(n) of Schedule-III of the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1 st year MBBS/BDS Courses) Rules, 2017, is no longer in force, as the same was replaced by the Medical Colleges and Dental Colleges of Assam, (Regulations of Admission into 1st year MBBS or BDS Courses) (Amendment) Rules, 2024, and new provision is inserted.
13. That, a perusal of Clause 5.1(q) of the amended Rules 2024, indicates that in respect of persons with benchmark disabilities (Divyang), 5% of seat of total state Quota seats has to be reserved. And the assessment of the same has to be done as per extant guidelines regarding admission of students with "Specified Disabilities", under the Rights of Persons with Disabilities Act, 2016, as per the Medical Council of India (MCI) Notification No. MCI-34(41)/2018-Med./17004 5, dated 4th February, 2019.
14. Thus, there appears to be substance in the submission of Mr. Uddin in respect of assessment of "specified disability" in a person in accordance with the "Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)". However, to ascertain the same, Mr. Borah, learned Standing Counsel for the respondent authorities, was asked to produce the record of examination/assessment of disability of the petitioner, by the Medical Board. Accordingly, Mr. Borah has produced the record before this Court.
15. I have carefully gone through the record so produced today and also the affidavit-in-opposition filed by the respondent No. 2, and having gone Page No.# 10/10 through the same, this Court is unable to derive satisfaction about assessment of disability of the petitioner by the Medical Board, in accordance with the Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016.
16. Accordingly, taking note of aforesaid facts and circumstances as well as submission of learned counsel for both the parties, and balancing the equities, this Court is inclined to dispose of this petition by directing the respondent authorities, specially respondent No. 2, to re-assess the "specified disability" of the petitioner in accordance with the Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016, by constituting a new Medical Board, in accordance with the prevalent rules and guidelines.
17. Let the aforesaid exercise be carried out within a period of one week from the date of receipt of certified copy of this order. Till then, one seat in MBBS Course for the year 2025, in any Medical Colleges of Assam shall not be filled up. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within one week from today.
Judge Comparing Assistant