Mumbai, MAHARASHTRA :

Bombay High Court rejects discrimination by medical boards in landmark disability rights verdict; it rules that certified disabled students cannot be repeatedly questioned on their eligibility

New Delhi :

In a powerful judgment that reaffirmed the fundamental right to education for all, the Bombay High Court has ruled in favour of Uzma Rashid Khan, a blind Muslim student from Jogeshwari West in Mumbai, who was unjustly denied admission to an MBBS course under the disability quota.

This week (October 8), the court declared that a certified person with a disability cannot be forced to repeatedly prove eligibility before different medical boards. The verdict allows Uzma to participate in the third round of NEET UG 2025 counselling under the PwBD (Persons with Benchmark Disabilities) category.

Delivering the order under the Rights of Persons with Disabilities Act, 2016, the court stated that no educational institution has the right to deny admission on the basis of disability. The judgment described the disability category as a legal right, not a special concession.

Uzma Khan, who has a 40% visual disability certificate and a Unique Disability ID (UDID) card, had earlier been declared ineligible for the PwD quota by the medical boards of AIIMS Nagpur and Grant Medical College JJ Hospital in Mumbai. The rejection came despite her official disability certification.

Determined not to surrender, Uzma fought back. Guided by Advocate Rahul Bajaj, she filed a petition in the Bombay High Court, challenging what she called a “deeply unfair and humiliating decision.”

In a detailed order, the court held that since Uzma already possessed a valid certificate confirming her disability, she could not be made to undergo multiple verifications. The judgment further recognised her as fully capable of pursuing medical education and directed authorities to include her in the third round of NEET counselling.

The timing of the judgment is extraordinary. The third round of NEET counselling was nearing its final stage and the portal for filling preferences had already closed. However, in what many called an “unprecedented act of fairness,” the court ordered the reopening of the admission portal for half an hour exclusively for Uzma so that she could submit her form.

The decision not only secured Uzma’s admission but also became a milestone in the struggle for equal educational opportunities for disabled students across India.

“This is not just my victory,” Uzma told local media after hearing the verdict. “It is the victory of every disabled student who dreams of becoming something in life despite physical challenges. I thank Allah and the court for doing justice.”

Uzma’s father, speaking to reporters with visible emotion, recalled the family’s struggle:

“One day, while studying for NEET, Uzma suddenly cried that her vision had become blurry. It was the most painful moment of our lives,” he said. “We went from one hospital to another, losing precious time. Later, she was certified as 40% blind, and we got her UDID card made.”

He added, “Uzma prepared hard for NEET 2025 and scored 286 marks. She was confident of getting admission in a government medical college under the disability quota. But during verification, she was declared ineligible. It felt like the world collapsed around us.”

After being rejected, the family turned to Khidmat Trust, which guided them to Advocate Bajaj. “He stood by us, filed the petition, and kept our hope alive,” Uzma’s father said. “By God’s grace, the court’s decision proved that truth always wins.”

The news of Uzma’s victory spread rapidly in her neighbourhood. Teachers, schoolmates, and local residents celebrated what they called “a triumph of justice and faith.”

The principal of Al-Ittihad Urdu School, where Uzma completed her schooling, praised her resilience: “She was one of our brightest students. Even after losing her sight, she never gave up. This decision is a reminder that disability should never define a person’s potential.”

Her teachers remembered her as a hardworking and humble student who always inspired others. “Uzma’s story will motivate many children facing similar challenges,” said a teacher, adding that “she has set an example for the entire community.”

Legal experts believe the judgment has far-reaching implications. It reaffirms that persons with disabilities must be treated with dignity and that bureaucratic obstacles cannot override constitutional and human rights.

Advocate Rahul Bajaj, who represented Uzma, said, “This verdict has clarified that once a person is certified as disabled, they should not be made to undergo endless scrutiny. The system must trust official certification and respect the law.”

The Rights of Persons with Disabilities Act, 2016, ensures that individuals with disabilities enjoy equality and non-discrimination in education, employment, and public life. Yet, as Uzma’s case shows, many still face unnecessary hurdles.

“This judgment will hopefully make institutions more sensitive,” Bajaj said. “It’s a reminder that education is a right, not a privilege, and disability should never become a reason for exclusion.”

For Uzma and her family, this moment represents years of struggle, sleepless nights, and unwavering faith. As her father put it, “We prayed every day for justice. Today, we feel proud that our daughter has shown what courage really means.”

Her story, now celebrated by students and activists alike, stands as a beacon of hope — not only for disabled learners but also for every Indian Muslim family that values education as both a right and a duty.

In the words of Uzma herself: “I want to become a doctor to serve those who suffer, just as I did. Disability can’t stop dreams — only doubt can.”

source: http://www.clarionindia.net / Clarion India / Home> Editor’s Pick> India> Indian Muslim / by Team Clarion / October 13th, 2025