AYUSH SHUKLA v. U.O.I. THRU. MINISTRY OF EDUCATION GOVT. OF INDIA NEW DELHI AND 5 OTHERS
WRIC/7407/2025 · 2025-07-31
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155739 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155739 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44492 Court No. - 7 Case :- WRIT - C No. - 7407 of 2025 Petitioner :- Ayush Shukla Respondent :- U.O.I. Thru. Ministry Of Education Govt. Of India 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 learned counsel for the petitioner, Shri S.B. Pandey, learned Senior Counsel assisted by Shri Anand Dwivedi,
learned counsel for respondent Nos.1 to 3, Shri Shashank Bhasin, learned counsel for respondent No.4, Shri S.M. Singh Royekwar, learned counsel for respondent No.6 and Shri Gyanendra Kumar Srivastava, learned counsel for respondent No.5. 2. The present petition has been filed by the petitioner stating that the petitioner is specially abled candidate and had appeared for the NEET examination for the academic year 2025-26. It is argued that prior to the said examination, the petitioner had appeared in the examination held for the academic year 2024- 25 and had secured Rank-1403. However, as the disability certificate issued by respondent No.5 indicating the disability of the petitioner at 20%, the petitioner had approached this Court by filing a Writ-C No.7859 of 2024, in which, the directions were issue by this Court, permitting the petitioner to appear before the Commanding Officer, Command Hospital, Central Command, Lucknow, which was directed to re-assess the disability suffered by the petitioner. On the said re- assessment, disability suffered by the petitioner was found at 72.80%. 3. It is further argued that in terms of the disability certificate
issued to the petitioner, the disability suffered by the petitioner is around 70%. For the academic year 2025-26, the petitioner had approached this Court apprehending that respondent No.6- University may be biased in view of the disability assessed by them at 20%. This Court vide judgement dated 25.07.2025 had permitted the petitioner to appear before respondent No.6 with direction that the disability of the petitioner shall be re-assessed and while doing so, the disability certificate of the petitioner indicating his disability at 70% and 72.80% would also be taken into consideration. In light of the said directions, respondent No.6 has re-assessed the disability suffered by the petitioner and has held the same to be 25.83%. 4. The contention of learned counsel for the petitioner is that while assessing the disability, the notification dated 12.03.2024 issued by the Ministry of Social Justice and Empowerment, which provides for the guidelines for assessing the disability has not been taken into consideration. No audio-gram has been conducted and thus according to him, the disability assessed is incorrect. 5.
As the first round of counseling is already going on, to avoid any further complication, this petition is disposed of permitting the petitioner to appear before either the Vardhman Mahavir Medical College & Safdarganj Hospital, New Delhi or Lady Hardinge Medical College & Associated Hospitals, New Delhi, which are also disability certification centers notified in the brochure. The said hospitals shall re-assess the disability suffered by the petitioner in the light of the notification dated 12.03.2024 and shall submit a report with all expedition, preferably within a period of 24 hours. 6. The petitioner would be entitled to participate in the counseling depending on the report issued by the hospitals as
directed herein-above.
7. Shri Anand Dwivedi, learned counsel appearing on behalf of respondent Nos.1 to 3 shall ensure that the two hospitals comply with the directions given by this Court within the time as directed.
Order Date :- 31.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench