High Court · 2025

Judgment

2. -l 4 5 6 The State of Telangana, Rep. by its Principal Secretary, IVledical and Health Department, Secretariat, Hyderabad. The State of Telangana, Rep. by lts Director/Commissioner, Department for Empowerment of Persons with Disabilities, Senior Citizens & Transgender Persons, Nalgonda X Roads, Malakpet, Hyderabad The Union of lndia, Rep. by its Secretary, I\4inistry of Health and Family Welfare, New Delhi. The Union of lndia, Rep. by its Secretary, Department of Empowerment of Persons with Disabilities, fVlinistry of Social Justice and Empowerment, New Delhi. Kaloji Narayana Rao University of Health Sciences, Rep. by its Registrar, Nizampura, Warangal, Telangana 506007 National Testing Agency, Rep. by its Director General, lst Floor, NSIC-MDBP Building, Okhla lndustrial Estate, New Delhi - 110O2O.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ ...RESPONDENTS of Mandamus declaring the action of the Respondents more specificatlf respondent no,4 not issuing the Pwd Certificate to the petitioner eliciting that the petitioner is suffering from profound hearing impairment with a loss of 70 decibals in both ears which is permanent in nature which is mandatory certificate for participating in the ensuing counseling for admission into MBBS and BDS Courses for the academic year 2025-26 under Pwd catergory, despite of the disability certificate issued by the competent authority of Government of Telangana is being arbitrary, illegal, unconstitutional, violation of the Article 1 4, 16 and 21 of Constitution of lndia and consequently direct the respondent No.4 to issue Pwd Certificate to the petitioner eliciting that the petitioner is suffering from profound hearing impairment with a loss of 70 decibals in both ears which is permanent in nature which is mandatory certificate for participating in the ensuing counseling for admission into MBBS and BDS Courses for the academic year 2025-26 under Pwd catergory. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent No.4 to issue Pwd Certificate to the petitioner eliciting that the petitioner is suffering from profound hearing impairment with a loss of 70 decibels in both ears which is permanent in nature which is mandatory certificate for participating in the ensuing counseling for admission into MBBS and BDS Courses for the academic year 2025-26 under Pwd catergory. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 5th respondent to provisionally accept the petitioners Certificate for Persons with Disability dated 21.06.2024 (Ex. P-2) and to treat the petitioner as an eligible PWD candidate, allowing her to participate in the counseling and all subsequent stages of the admission process, for admission into MBBS/BDS Courses 2025-26 under the PWD quota, based on her existing Certificate for Persons with Disability (Ex. P-2), pending disposal of the writ petition. ,7 co u nse I ror th e petitio n".' :IJ.:slli**"" *t ff.tJf;Ixl* Counsel for the Respondents No.1& 2 : GP FOR MEDICAL HEALTH FW counser for the Respondents No.3,4&. , 3ts15$tl+lxt%E3,7{ counsel for the Respondent No.5 , 33,rr;t_r,t[f.'],1; The Court made the following: ORDER THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THI' HON'BLE SRI JUSTICD G.M.MOHIUD])IN WRIT PETITION No.23221 of 2025 ORDER; Sri lR:rrna l(rishna Kulkar ni. learned counsel representing Sri Barla Mallesh Yadar,, Iearnecl Counsel for the petitioner Srnt. L. [)ranathi Redd,r-, ]carned Standing Counsel for Central Govcrnment appears lor respondent Nos.3,4 and () Sri T. Sharath, leern-red Standing Counsel for I(aloji Naravana Rao Universitl of Health Sciences, trppears lor rcspondenr No.5

2. It is t I're contention ol the petitioner that despite appl-ying [or Unique Disabilit.l' tD (UDID] card on

20.06.2025 thr.tlugh UDID Portal, the same h:rs not been issucd. lt has prcvented thc petitioner from participating in the counse'iling process for availing the quot€r ol persons ri,ith disabilitics lor the acadcmic vear 2025-26 ._ ..)..

3. On 07.08.2025, the learned Standing Counsel for respondent Nos.3 and 4 '"r,as allo'"r,ed time to secl< instructions.

4. Learned Standing Counsel for respondent Nos.3 ancl 4 on thc basis of u.r-ittcn instructions contained in lettcr dated 1 1 .OB.2O25 of the Ministrrr of Social Justice arnd Empon,erment, Dcpartment ol' Empolverment of Persons u'ith Disabilities, submitted that the application of the petitioner for issuance ol UDID card is presentl-v per-rding rvith the Government General Hospital, Ramagundam. Telangana, lor dis:rbility assessment and issuancc ol UDID card. As such thc Departmcnt of Empolrrerment has nt> rol e 111 the disability assessment process. The petitioncr should approach the concerned hospital for completion ol her assessment.

5. Learned Standing Counsel has also relerred to thc guidelines dated i2.03.2024 issued by the Department ir.r cot-tsultation u,ith the Director Cieneral oI Health Services. Government ol lndia, to ltc followed by the medical autl'rorities notified b-r, thc Statc/U'l'Governmcnls lo assess -1 a persor-r u,ith disal:ilit], \\,ho applics through LrDiD portal. Learned Standing Counsel submits that as per Rule 18(1) of the Righ t s of ['crsons u'ith Disabilities (Amendment) Rules, 202.,1, u'hen an application is received under Rule 17 of the said Rr-rles for issuarrce oi UDID card. Lhe medical authority rnlrst verift, tl-re applicant's details. assess the disability ils l)er Ccntral (ior.ernment guidelirres and if satisfied that the applicarn t has a disabilitl', ISSUe a disabilitl' certificate (1.-orm-V/VI) and the appropriate colour-code'd UDID card (Form-VII).

6. In tl-r e Iight o{- the aloresaid ins[ructions, learned counsel lol the pctitiorler subrnits ttrat the respondent State ma_v l,le dirccted to undertake tl-re disability assessment through thc Covcrnment Generarl Hospital, Ramagundzrm. Telangana, and issue UDID cirrd in her I favour, if the petitioner satislies the bench mark disability or abovc undcr the Rigtrts ol Persons rvith Disirbilities Act,

2016. 7 . In that vies- ol the matter, respondent Nos. 1 and 2 arc directed to issue alrpropriate instructior-rs to the J \ Gor.,ernmctrt Ger-reral [{ospitai, Ilan-ragundam, Telangana. for assessmcnt <;f the disabilit-v of thc petitiorrer and consequent issuance oi UDID card, if she satisfies thc criteria as per thc guidclines framed by the Departmcnt of Empou.erment of Persons rl..ith Disabilities. Let such assessmcnt be made u,ithin a period ol two u'eeks from the date of receipt o[ a copv of this order. It would be open for the petitioncr to approach the University in quesLion for participating in Lhe colrnsclling proccss upon issuance of U DID carcl. B. The r,r,rit petition is accordingly disposed of. No ordcr as to costs Misccllaneous petitions, pending if any, stand closcd //TRUE COPY// SD/- AHMED ABDULLAH KHAN ASSISTANT REGISTRAR G SECTION OFFICER To,

1. The Principal Secretary, I\iledical and Health Department, Secretariat, State of Telangana, Hyderabad.

2. The Director/Commissioner, Department for Empowerment of Persons with Disabilities, Senior Citizens 86 Transgender Persons, State of Telangana, Nalgonda X Roads, Malakpet, Hyderabad

3. The Secretary, Ministry of Health and Family Welfare, Union of lndia, New Delhi.

4. The Secretary, Department of Empowerment of Persons with Disabilities, Union of India, Ministry of Social Justice and Empowerment, New Delhi.

5. The Registrar, Kaloji Narayana Rao University of Health Sciences, Nizampura, Warangal, Telangana 506007

6. The Director General, National Testing Agency, '1st Floor, NSIC-MDBP Building, Okhla lndustrial Estate, New Delhi - 110O2O.

7. One CC to SRI BARLA MALLESH YADAV, Advocate. [OPUC] B. Two CCs to GP FOR MEDICAL HEALTH FW, High Court for the State of Telangana. [OUT]

9. One CC to SN/T,L.PRANATHI REDDY, SC FOR CENTRAL GOVT. IOPUC] '10.One CC to SRI T.SHARATH, SC for Kaloji Narayana Rao University of Health Sciences, Warangal. [OPUC] 1 1 . Two CD Copies. BSK LSs HIGH COUR.T DATED:1210812025 :::. -c 1:l c ,)( i.. (i1 3 0 0[T 2P5 r,l \,I .v sr'ATc' r) ORDER WP.No.23221 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ .,) 9/