Neutral Citation No. - 2025:AHC-LKO:46561 Court No. - 6 Case :- WRIT - C No. - 7773 of 2025 Petitioner :- Ayush Shukla Respondent :- Union Of India Thru. Ministry Of Edu. New Delhi And 8 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 Deputy Solicitor General of India assisted by Shri Anand Dwivedi, learned counsel appearing for opposite parties no.1 to 3, Shri Manish Kumar Srivastava, Advocate holding brief of Shri Shashank Bhasin, learned counsel for opposite party no.4, Shri Gyanendra Kumar Srivastava, learned counsel for opposite party no.5 and Shri S.M. Singh Royekwar, learned counsel representing the opposite party nos. 6 to 8 and perused the material brought on record. 2. The present petition has been filed by the petitioner, alleging that the petitioner is a candidate suffering from benchmark disability, as defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016, it is argued that the petitioner had appeared in NEET Examination on 26.07.2024 and was given the rank 1403 in PwD category, subsequently, the Medical Board granted the certificate, which was less than 70%, as such, the petitioner had approached this Court. The petitioner had appeared before the Department of E.N.T.-H.N.S. Command Hospital, Central Command, the said hospital assessed the disability suffered by the petitioner at 72.80 %, however, by that time, the time for registration had expired, the petitioner could not get the benefit of this qualifying a NEET Examination in the year 2024. Subsequently, the petitioner once again applied for NEET Examination in the year 2025. It is also claimed that the petitioner was granted a certificate under UDID with disability certificate, which indicated the disability suffered by the petitioner at 70% in relation to his ears, the said disability was assessed in terms of the prevailing guidelines. However, when the petitioner was desirous of participation and registering in the NEET Counselling, he was directed to undergo afresh re- assessment of his disability. Thereafter, the petitioner appeared before the B.H.U., who assess the disability suffered by the petitioner at 25.83%, however, he was found to be qualified in the functional disability test for undertaking the medical studies. 3. The petitioner had approached this Court, as despite the petitioner having the UDID and a functional disability report in his favour from the B.H.U., he was denied the right to register and participate in the NEET- UG Counselling, the petitioner approached this Court. The said writ petition was disposed of vide judgment dated 31.07.2025 passed in Writ-C No. 7407 of 2025, whereby the petitioner was directed to undergo the medical assessment at one of the other hospitals notified in the list of hospitals. The petitioner underwent the said medical test once again at Lady Hardinge Medical College, who have assessed the hearing disability of the petitioner at 17%, no report has been given with regard to the functional disability by the Lady Hardinge Medical College. 4. Challenging the said action of the respondent and not permitting the petitioner to register and participate in the U.P. NEET- UG Counselling for the year 2025, the petitioner has again approached this Court. The fact that emerges is that the petitioner is holding the UDID Card showing his disability at 70% and also in the functional disability test issued by the B.H.U., although, the quantitative disability assessed by the B.H.U. as well as Lady Hardinge Medical College is less than 40%, this issue has been considered in details in its Judgement dated 07.08.2025 passed in Writ-C No. 7585 of 2025, wherein this Court had held that the disability in terms of percentage, registered in the UDID Card, would be the factor relevant for availing the benefit of reservation, the other assessment to be done in terms of the NMC guidelines is only to assess the 'functional disability'. 5. Following the reasons contained in the aforesaid judgment, the present writ petition is also allowed. It is declared that the petitioner would be entitled to register for NEET Counselling, which is open from 08.08.2025 to 11.08.2025 and the petitioner would be entitled to claim the benefit of reservation subject to availability of the seats in the category to which the petitioner has applied. 6. The Director General of Health Education, U.P., Lucknow is directed to ensure that the petitioner is permitted to register and upload the credentials for claiming the benefit of reservations. All necessary help for uploading the documents on the website shall be extended by the D.G.M.E.. 7. The petitioner is permitted to approach the D.G.M.E., Uttar Pradesh, Lucknow for compliance of the order, in accordance with law. 8. Office is directed to provide a copy of this order to the counsel for the petitioner today itself on payment of usual charges. Order Date :- 8.8.2025 Praveen/- Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench