Ankita Karn Vs State of U.P. Thru. Secy. Medicial Edu. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Ankita Karn Vs State of U.P. Thru. Secy. Medicial Edu. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the Institute of Medical Sciences, Banaras Hindu University, Varanasi to process the petitioner's application for a disability certificate and to grant the certificate, if she is otherwise entitled, within one week from her approaching the Institute; the question of grant of the disability benefit itself to be considered at the time of counselling.

Issue for consideration

Whether the petitioner, a person with locomotor disability who did not mark the disability category in her NEET-UG application form, can still claim the benefit of horizontal reservation for persons with disabilities. +2 more

Court's answer

Whether the petitioner should be granted the benefit of her disability was not adjudicated in this writ petition; it is to be considered at the time of counselling.

Ratio / Principle

The Institute of Medical Sciences, Banaras Hindu University, Varanasi cannot refuse the grant of the disability certificate if the petitioner is otherwise entitled.

Key takeaways

Direction issued: upon the petitioner approaching the Institute of Medical Sciences, Banaras Hindu University, Varanasi for issuance of a disability certificate, the Institute shall process her application and grant the certificate, if she is otherwise entitled, within one week.ratio¶9

Detailed headnote1 paragraphs

Writ Petition (WRIT - C No. 6318 of 2025) — Disposed of with direction. The petitioner, a NEET-UG candidate suffering from locomotor disability (certificate issued 12.06.2025), had inadvertently not marked the disability category while filling her NEET-UG application form. She argued that, per the brochure, she could still claim horizontal reservation for persons with disabilities, but the prescribed certifying agency — the Institute of Medical Sciences, Banaras Hindu University, Varanasi — declined to entertain her request for a disability certificate for that reason. The Court held that the Institute cannot refuse the grant of the certificate if the petitioner is otherwise entitled, directed it to process her application and issue the certificate within one week of her approaching it, and observed that whether the petitioner should be granted the benefit of her disability is to be considered at the time of counselling.

Neutral Citation No. - 2025:AHC-LKO:37945

Court No. - 7

Case :- WRIT - C No. - 6318 of 2025

Petitioner :- Ankita Karn

Respondent :- State Of U.P. Thru. Secy. Medicial Edu. Lko And 2 Others Counsel for Petitioner :- Jyotinjay Verma Counsel for Respondent :- C.S.C., Syed Mohammad Haider Rizv

Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and Sri Shakti Kumar Verma holding brief of Syed Mohd. Haider Rizvy who appears for the respondent no.2.

The neat contention of the counsel for the petitioner is that she is a person suffering with Locomotor Disability had a certificate to that effect has been issued in his favour on 12.06.2025. It is argued that while filling the form for applying NEET-UG, she could not fill this category as disabled. She, however, based upon the brochure argues that it is still open for the petitioner to claim the benefit of horizontal reservation even if she could not fill the correct category at the time of filling the form, however, the limitation prescribed is that a certificate of disability should be issued by the agency, which is Institute of Medical Sciences, Banaras Hindu University, Varanasi. However, the said University would not entertain the request of the petitioner for issuance of a certificate as, the petitioner had inadvertently not fill this category as disabled.

Be that as it may, the said aspect whether, the petitioner should be granted the benefit of his disability or not is to be considered at the time of counseling, however, the Institute of Medical Sciences, Banaras Hindu University, Varanasi cannot refuse the grant of certificate, if he is otherwise entitled, as such, the present petition is disposed off with direction to the Institute of Medical Sciences, Banaras Hindu University, Varanasi that in any case, the petitioner approaches for issuance of a disability certificate, based upon the disability, the said Institute shall process his application and shall grant a certificate, if he is otherwise entitled within a period of one week from approaching the institute concerned.

With the said observations, the writ petition stands disposed off.

Order Date :- 4.7.2025 VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench