HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35377 of 2026 Court No. - 29 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Wasim Alam, learned advocate appears on behalf of petitioner and submits, his client is entitled to the reservation for persons with benchmark disability (PwBD). Facts are similar to facts in Writ-C no.33739 of 2026 (Somya Pal Vs. Union of India and 8 others) disposed of by us on order dated 25th August, 2026. The only difference is, his client having benchmark disability of low vision, certified to be greater than 40% went before the Medical Board to obtain eligibility certificate. The Board returned percentage of disability at 1%. His client took the matter to the appellate board, which said there was no disability. 2. Mr. Raunak Tiwari, learned advocate holding the brief appears on behalf of respondent nos.1 to 3 and 5. Mr. Fuzail Ahmad Ansari, learned advocate appears for respondent no.6. Mrs. Akansha Sharma, learned advocate appears for respondent no.7 (the counseling authority). Mrs. Sharma submits, first round of counseling is already over. Mrs. Pooja Agarwal, learned advocate appears for respondent no.8. 3. We think fit to observe that the statute prescribes Benchmark Disability as not less than 40%. In the circumstances, it is surprising that the prescribed authority assessed petitioner's disability at greater than 40% instead of a specific percentage. Also surprising is findings by the Medical and Appellate Boards, of negligible or no disability. Notwithstanding, as the statute [Rights of Persons with Disabilities (RPwD) Act, 2016] provides for issuance of certificate and appeal therefrom and the facts showing that the certificate was issued on no appeal preferred, petitioner is entitled to the relief. Versus Counsel for Petitioner(s) : Anil Kumar, Wasim Alam Counsel for Respondent(s) : A.S.G.I., Anurag Sharma, Firdos Ahmad, Fuzail Ahmad Ansari Madhav Raj Agarwal .....Petitioner(s) Union Of India And 8 Others .....Respondent(s) 4. The writ petition stands covered by Somya Pal (supra). Direction paragraph 6 from said order is reproduced below. "6. Petitioner be allowed to claim a seat in the category on strength of medical certificate dated 11th August, 2026, disregarding the conclusion given therein purportedly on basis of assessment of petitioner's disability at 28%. Opinion of the appellate authority is set aside and quashed. Petitioner will communicate certified copy of this order to respondent no.7. Said respondent without waiting for such communication will act on website copy of this order." Same direction as applicable is made herein. Parties to act on website copy of this order upon petitioner's undertaking to apply for certified copy. 5. The writ petition is disposed of. September 8, 2026 Kpy WRIC No. 35377 of 2026 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad