HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9123 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard the counsel for the petitioner, Sri S. B. Pandey, Senior Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, the counsel for the respondent no.1, Sri Shivendra Srivastava holding brief of Sri Gyanendra Kumar Srivastava the counsel for the respondent no.5, Sri Manish Kumar Srivastava holding brief of Sri Shashank Bhasin the counsel for the respondent no.6, Sri Syed Mohammad Haider Rizvi who appears for the respondent no.8 and Sri S. M. Singh Royekwar, who appears for the respondent no.9. 2. The present petition has been filed by the petitioner, alleging that the petitioner is a Specially Abled Candidate and in terms of the UDID Card, suffers from 45% disability, as is evident from the document contained at page no.44 (Annexure no.3). It is stated that the petitioner has applied for being considered in the NEET (UG) for the session 2025-26. It is further argued that the petitioner, despite being qualified, was asked to undergo, a functional disability test, in which the functional disability of the petitioner was assessed at 30%. It is stated that in view thereof, the petitioner was not permitted to get the benefit of persons suffering from benchmark disability as defined under section 2(r) of the Rights of Persons with Disabilities Act, 2016. Versus Counsel for Petitioner(s) : Rajeiu Kumar Tripathi, Diwakar Singh Gautam Counsel for Respondent(s) : A.S.G.I., C.S.C., Gyanendra Kumar Srivastava, S M Singh Royekwar, Shashank Bhasin, Syed Mohammad Haider Rizv Fiza Anwar .....Petitioner(s) Union Of India Thru. Secy. Ministry Health And Family Welfare New Delhi And 8 Others .....Respondent(s) 3. Sri S. M. Singh Royekwar appearing on behalf of the respondent no.9 has placed, a report of the respondent no.9, wherein the functional disability of the petitioner was assessed at 30%. The respondents have prima-facie, not granted the benefit of the petitioner flowing in her favour on account of the said report of the respondent no.9. 4. The said issue was considered extensively by this court in Writ-C No.7585 of 2025 (Maaz Ahmad vs. UOI) decided on 07.08.2025, subsequently corrected on 08.08.2025 and in terms of the said judgement, it was considered that once, the person is issued the UDID Card under the Act, the other test, which is a functional disability, is only to ascertain whether the person with benchmark disability is eligible to undergo the course for which the said person has opted. 5. Following the said judgement, the present petition deserves to be allowed and is allowed. 6. The petitioner shall be permitted to register and undergo the second round of counselling, which is said to be open till 18.08.2025. The respondent no.8 shall ensure that the petitioner is permitted to appear in the second round of counselling and is awarded the same as per her merit and eligibility. September 15, 2025 VNP/- WRIC No. 9123 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench