Madhya Pradesh High Court issues arrest warrants against 2 officials in contempt case

The Orissa High Court recently overturned a medical board's decision that a NEET candidate with 'Beta Thalassemia Trait' did not qualify as a person with a disability, ordering a new assessment of her disability percentage. The court's decision came during a September 10 hearing of a petition filed by a student seeking disability quota benefits in the National Eligibility cum Entrance Test (NEET).

The court ruled that the Medical Assessment Board's assessment that 'Beta Thalassemia Trait' did not fall under the category of disability and was not suitable for a certificate went against the spirit of the Rights of Persons with Disabilities Act. Beta thalassemia is a genetic blood disorder that impairs the body's ability to produce a protein essential for creating hemoglobin.

The petitioner had claimed a disability above 40 percent for NEET, but was later referred to a medical board for assessment. The court found the assessment board's conclusion against the legal position, as it only considered the candidate's locomotor disability while thalassemia does not impact functional ability. The court also referred to a May 13, 2019 notification that included thalassemia among specified disabilities with percentage-based eligibility criteria for medical courses.

The bench quashed the assessment board's report and directed the Director of Medical Education & Training (DMET) to form a new medical assessment board to evaluate the petitioner's disability percentage.