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2025 DAILYLAW 153449 (ALL)

AYUSH SHUKLA v. U.O.I. THRU. MINISTRY OF EDU. NEW DELHI AND 5 OTHERS

WRIC/7053/2025 · 2025-07-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43013 Court No. - 7 Case :- WRIT - C No. - 7053 of 2025 Petitioner :- Ayush Shukla Respondent :- U.O.I. Thru. Ministry Of Edu. New Delhi And 5 Others Counsel for Petitioner :- Neeraj Singh,Sarvesh Kumar Dubey Counsel for Respondent :- A.S.G.I.,Gyanendra Kumar Srivastava,S M Singh Royekwar,Shashank Bhasin Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner, learned counsel for the Union of India, Sri Shashank Bhasin the counsel for the respondent no.4, Sri Gyanendra Prasad Srivastava, the counsel for the respondent no.5 and Sri S. M. Royekwar, who appears for the respondent no.6. 2. The present petition has been filed by the petitioner claiming that the petitioner is suffering from disability, which according to him is at 72.80%. It is argued that the petitioner had appeared in the examination of NEET in the year 2024 and had qualified, however when the petitioner had appeared for medical examination before the Medical Board at BHU Varanasi, they had given a report, which assessed his disability suffered by the petitioner at 20%. 3. As the petitioner was dissatisfied with the said report, the petitioner had approached this court by filing a petition being Writ-C No.7859 of 2024 and in terms of the order passed on 17.03.2025, directions were issued by this Court for the petitioner to appear before the Commanding Officer, Command Hospital, Central Command Lucknow, which were directed to reassess the disability suffered by the petitioner and in terms of the said directions, the Board at Central Command assessed the disability suffered by the petitioner at 72.80%. 4. It is argued that as the sufficient time had elapsed, the petitioner could not get the benefit of reservation in the selection list, which was prepared based upon the NEET Examination of 2024. It is argued that the petitioner had once again appeared in the NEET examination and had secured a better rank, however, he apprehends that the respondents are insisting for assessment of the medical condition of the petitioner from the Board at BHU, Varanasi, which may be swayed by the earlier report given by them and thus, there is a apprehension that the petitioner once again may not be getting the admission, to which he is entitled. 5. Considering the fact that the petitioner apprehends that the Board at BHU, Varanasi would assess the disability, based upon the earlier report conducted by them, the present petition is disposed off holding that the petitioner shall appear before the Board at BHU, Varanasi tomorrow (26.07.2025) who shall assess the disability suffered by the petitioner. However, while doing so, the Board will take into consideration the earlier two reports of assessment which are included at page no.18 and 32 of the paper book wherein the disability suffered by the petitioner was assessed at 70% and 72.80% respectively. 6. Copy of this order be provided to the counsel for the petitioner today itself as per rules. Order Date :- 25.7.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench