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Allahabad High Court

RAM MOHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as the University has effectively declined to issue the disability certificate.

Summary

Petitioner Ram Mohan filed a writ petition seeking a mandamus directing the University of Medical Science, Saifai, to issue a disability certificate based on a medical test conducted on 5 August 2026. The University produced a written instruction indicating that the medical board found the petitioner’s condition to be "potentially remediable" and that a final opinion could be given only after treatment, which the petitioner had declined, requesting reassessment elsewhere. The petitioner also asked that the certificate not be uploaded pending his reassessment. The Court held that the University had effectively declined to issue the certificate and therefore the relief sought could not be granted. Consequently, the writ petition was dismissed, with a caution that future test results should be uploaded promptly.

Issues considered

  • Whether a writ of mandamus can be issued to compel the designated University to grant a disability certificate when the medical board has withheld certification pending treatment and the petitioner’s own request for delay.

Subjects

  • disability certificate
  • mandamus
  • writ petition
  • medical board
  • administrative law
  • Uttar Pradesh
  • higher education

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 36410 of 2026

Ram Mohan
                                                                  .....Petitioner(s)
                                      Versus

State Of U.P. And 3 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)                  :   Vinod Kumar Kushwaha
Counsel for Respondent(s)                  :   C.S.C., Rohit Pandey

Court No. - 39
                 HON'BLE SAUMITRA DAYAL SINGH, J.
                 HON'BLE SWARUPAMA CHATURVEDI, J.

1. Matter has been taken up on urgency cited.

2. Heard Shri Vinod Kumar Kushwaha, learned counsel for the petitioner,
Shri Rohit Pandey, learned counsel for the University, Shri Sharad
Chandra Upadhyay, learned Standing Counsel for the State and Ms.
Akanksha Sharma, learned counsel for the respondent no.2.

3. The present writ petition has been filed for the following relief :

     "i) Issue a writ, order or direction in the nature of mandamus direct the
     commanding respondent authorities to issue Disability Certificate to the
     petitioner, as per disability test dated 05.08.2026, conducted by the
     respondent No.4, Medical Board Designed by National Medical
     Commission, U.P. University of Medical Science, Saifai, Etawah, 206130,
     Uttar Pradesh, India."

4. Shri Rohit Pandey, learned counsel for the University of Medical
Science, Saifai, Etawah, the designated University to certify medical
disabilities, has produced written instruction received by him. Copy of the
same has been made available to us. It has been marked 'X' and retained
on record. Also, it has been made available to learned counsel for the
petitioner, during the course of hearing, today.

5. Perusal of the written instructions reveals that the designated
University has conducted medical test on 05.8.2026, to assess the hearing
                                                                                             WRIC No. 36410 of 2026
                                                                    2


                                    disability cited by the petitioner. It has noted that the condition suffered
                                    by the petitioner is ''potentially remediable". It has been further stated that
                                    final opinion may be expressed only after treatment is offered and
                                    accepted by the petitioner.

                                    6. On query made, why the medical certificate was not uploaded at earlier
                                    point of time, it has been disclosed on the strength of certificate itself that
                                    the petitioner "himself requested that the certificate not be uploaded/
                                    finalized, as he intended to make reassessment at another center".

                                    7. In view of above, at present, the relief prayed may not be granted. The
                                    Disability Certificate claimed has effectively been declined by the
                                    designated University, on independent examination conducted by it.

                                    8. The writ petition fails and is dismissed.

                                    9. Further, a word of caution is added for the designated University, to not
                                    hold back any report/ certificate. Wherever tests are conducted, the result
                                    of the same whether positive or negative must be uploaded within
                                    reasonable time, preferably a day or two.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    September 18, 2026
                                    Shiv




Digitally signed by :-
SHIV KUMAR SHARMA
High Court of Judicature at Allahabad


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