Page No.# 1/3 GAHC010239992025 2025:GAU-AS:14594-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/350/2025 SHAHINUR ISLAM S/O- ABUL KALAM AZAD, VILL- SIMLABARI, AMBARI PART III, PO- AMBARI, PS DHUPDAHARA, DIST- GOALPARA, ASSAM, PIN 783123 VERSUS 1: THE STATE OF ASSAM AND 3 ORS. REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, MEDICAL EDUCATION AND RESARCH DEPTT, ASSAM, DISPUR, GHY- 06 2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPARA ASSAM GUWAHATI 22 3:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL BHANGAGARH GUWAHATI ASSAM PIN 781032 4:JOINT DIRECTOR OF HEALTH SERVICE GOALPARA DIST. GOALPARA ASSAM PIN 78312 For the Appellant(s) : Mr. S.B. Laskar, Advocate. : Mr. A.H. Ahmed, Advocate. For the Respondent(s) : Mr. D.P. Borah, Standing Counsel, Health Department. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 30.10.2025 (Ashutosh Kumar, CJ) The appellant is aggrieved by the decision of the learned Single Judge in not reserving 1(one) seat in the Medical College for him, even Page No.# 2/3 when it was demonstrated before the learned Single Judge that he has a Physical Disability Certificate issued by the Statutory Authority to the extent of 40%. The appeal has been filed on this limited ground as the writ petition is still pending consideration before the learned Single Judge. It appears that the appellant had applied for admission in the Gauhati Medical College and Hospital under the Persons with Disability (PwD) quota. He was permitted to appear under the said quota on the basis of the Certificate of locomotor disability, which he produced initially. However, under the Regulation of the NEET (UG), 2025, any candidate upon selection under the PwBD category, has to undergo an assessment by the Disability Assessment Board, which only would certify whether a candidate may register or participate in the common online counseling towards admission in medical courses. In case, a candidate is found to be ineligible by the Disability Assessment Board, in reference to the criteria prescribed under the Regulations in Graduate Medical Education, 1997, as amended on 14.05.2019, he may not be registered or be permitted to participate in the common online counseling and any online provisional allotment of the Medical College would be entirely fraudulent on the part of the candidate. The assessment of the Disability Assessment Board regarding the appellant is that he has a disability of 18% in his lower limb, thus, keeping him out of the category which would be permitted under the quota for admission in Medical College. Unless a person has a disability of 40% to 80%, he would not be considered under the PwD quota for admission in a Medical College. Page No.# 3/3 In this view of the matter, we are unable to pass any order directing the respondents to reserve 1(one) seat for the appellant in case the writ petition preferred by him succeeds. However, we request the learned Single Judge to give an expeditious hearing to the appellant by ensuring that the affidavit on behalf of the respondents is filed within time and it would be open for the learned Single Judge to, under the circumstances, if it warrants, protect the interest of the appellant as far as possible. For the afore-noted reason and finding no merit in this appeal, we dismiss the same. JUDGE CHIEF JUSTICE Mukut Comparing Assistan