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Delhi High Court - Orders

Dt vs National Medical Commission And Anr on 5 April, 2022

Author: Vipin Sanghi

Bench: Navin Chawla, Vipin Sanghi

                          $~44.
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 3523/2022 & CM APPL. 10413/2022
                                  DT                                                   ..... Petitioner
                                                     Through:      Mr. Jai Sahai Endlaw with Mr.
                                                                   Subhoday Banerjee, Advs.

                                                     versus

                                  NATIONAL MEDICAL COMMISSION AND ANR.
                                                                                        ..... Respondent
                                                     Through:      Mr. T. Singhdev with Mr. Abhijit
                                                                   Chakravaty, Ms. Sumangla Swami,
                                                                   Advs. for R-1.

                                  CORAM:
                                  HON'BLE THE ACTING CHIEF JUSTICE
                                  HON'BLE MR. JUSTICE NAVIN CHAWLA


                                                              ORDER

% 05.04.2022 The name of the petitioner be retracted and the same be indicated as DT.

The report called from the AIIMS has been received and perused. Upon assessment of the petitioner‟s medical condition, the Medical Board comprising of a Chairperson with three other doctors has assessed the current disability of the petitioner to be less than 40% i.e. mild disability.

In the light of the aforesaid, the petitioner would not be entitled to reservation as a person with disability. Consequently, this petition has Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.04.2022 18:41:13 become infructuous. We, however, make it clear that since we had directed the medical assessment of the petitioner by AIIMS with the consent of the parties, the petitioner would be entitled to avail the benefit of the assessment made by AIIMS in its report dated 01.04.2022. Copy of the report sent by AIIMS be shared with both the counsels by the Court Master.

The petition stands disposed of in the aforesaid terms. The interim order stands vacated.

VIPIN SANGHI, ACJ NAVIN CHAWLA, J APRIL 05, 2022 N.Khanna Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:06.04.2022 18:41:13