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Calcutta High CourtWPA/10505/2026disposed

Mayukh Ghosh v. Union Of India And ORS.

2026-05-13Hon'Ble Justice Reetobroto Kumar Mitra5 pages

13.05.

Ct. No. 24 Ab WPA 10505 of 2026 Mayukh Ghosh Vs.

Union of India and others.

--------------- Mr. Debasis Banerjee, Ms. Debanita Bharadwaj, Ms. Sumitra Das, Mr. Srijata Mukherjee, Ms. Sananda Chatterjee, Mr. Rakesh Jana.

... for the petitioner.

Mr. Ashok Prasad, Mr. Santosh Kumar Pandey.

... for the Union of India.

Mr. Sunit Kumar Roy.

... for the NMC.

Ms. Tanusree Ghosh.

... for the respondent nos. 4 and 6.

1. The petitioner is a meritorious student with credible testimonials and intends to pursue a course for a medical degree.

2. The petitioner is also conflicted with Type-I Diabetes Mellitus since 2018 and is entirely dependent on regular insulin transmission into his body for his very existence.

3. The petitioner wants to participate in the NEET PG, which is likely to be held on August 2026 as well as Institute of National Importance Combined Entrance Test (INICET), which will commence from May 16, 2026.

4. The petitioner apprehends that the gadgets affixed to

his body may not pass through the metal detector test and he may be disqualified or rather he may not be permitted to sit for the examination on May 16, 2026.

5. In fact, as pointed out by Mr. Banerjee, learned Advocate appearing for the petitioner, repeated correspondence was made with the respondent no. 7 making clarifications about his medical condition and seeking permission to ensure that the petitioner is permitted to carry the insulin pump without any hindrance inside examination hall.

Unfortunately, there was no response to any such correspondence, save and except a rather indifferent response that the petitioner uses "Raise your query" link through the online portal. The petitioner has not been able to access such link in the online portal. Several opportunities were given to enable the learned Advocate for the respondents to appear in the Court. In fact, the matter was adjourned on earlier occasions to ensure, Mr. Prasad, learned Advocate appearing for the Union of India, could take appropriate instructions in the matter. Mr. Prasad appears and submits that he has no instruction in the matter, particularly since the answering respondent is the respondent no. 7. In fact, he has by his e-mail on May 11, 2026 forwarded the intimation that the matter will be

taken up today by this Court and that provision is made for the respondent no. 7 to be represented in the Court. A printout of the electronic mail as produced by Mr. Prasad is kept on record.

6. Ms. Ghosh, learned Advocate appearing for the respondent nos. 4 and 6, the authority, who will conduct the NEET PG 2026, is present in Court. She fairly submits that if the petitioner is suffering from a medical condition as alleged in the petition, the authorities have no difficulty in permitting the petitioner to carry the insulin pump and other gadgets inside the hall pertaining to his medical condition, provided he produces medical certificate certifying his medical condition at the present time.

7. There is no representation on behalf of the respondent no. 7. In spite of service, directions and communications made from the learned Advocate representing the Union of India, the respondent no. 7 has chosen not to appear in this matter.

8. The petitioner is in a rather sensitive medical condition. The same is apparent from the records of the case. The petitioner is permitted to appear in the INICET Examination to be held on May 16, 2026. The petitioner will be permitted to wear the insulin pump at all times during the examination period and will also be permitted to carry the glucose,

snacks and juice, which are required for his wellbeing.

9. Since the petitioner carries insulin pump on his body, the sensors whereof are placed on the body, the authorities are directed to exempt the petitioner from any search by any electronic mode. The petitioner at best may be subjected to a physical body search by the concerned authorities, prior to entry in the examination hall.

10. The petitioner will also be permitted to make requisite application through concerned communication web portal for seeking similar exemption to appear in the NEET PG Examination, which is likely to be held in August 2026.

11. With the afore-stated directions, the writ petition is disposed of.

12. There shall, however, be no order as to costs.

13. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Reetobroto Kumar Mitra, J.)