Delhi High Court - Orders
Aditi vs National Medical Commission & Ors on 18 August, 2025
$~105 & 106
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12175/2025 & CM APPL. 49652/2025
ADITI .....Petitioner
Through: Mr.Rahul Bajaj, Mr.Amritesh Mishra
and Ms. Sarah, Advs.
versus
NATIONAL MEDICAL COMMISSION & ORS......Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Saurabh Kumar,
Mr. Bhanu Gulati, Ms. Anum
Hussain, Ms. Yamini Singh, Mr.
Tanishq Srivastava, Mr. Vedant Sood
and Ms. Ramanpreet Kaur, Advs. for
R-1/NMC.
Mr. Anil Kumar Saxena, SPC with
Mr. Rajandra Rawat, GP for R-
4/UOI.
+ W.P.(C) 12234/2025 & CM APPL. 49834/2025
DEV ANEJA .....Petitioner
Through: Mr.Rahul Bajaj, Mr.Amritesh Mishra
and Ms. Sarah, Advs.
versus
NATIONAL MEDICAL COMMISSION & ORS. .....Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Saurabh Kumar,
Mr. Bhanu Gulati, Ms. Anum
Hussain, Ms. Yamini Singh, Mr.
Tanishq Srivastava, Mr. Vedant Sood
and Ms. Ramanpreet Kaur, Advs. for
R-1/NMC.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 18.08.2025
1. The present petitions have been filed seeking following relief:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 22:37:34 W.P.(C) 12175/2025 A. Set aside the NEET Disability Certificate dated 28.07.2025 issued by Respondent No. 2 to the Petitioner;
B. Declare the Petitioner eligible to pursue MBBS on the basis of her NEET UG score and disability certificate/UDID Card; C. Hold and declare that the re-quantification of the Petitioner's disability conducted by Respondent No. 2 is ultra vires clauses 2 and 5 of the interim guidelines dated 19.07.2025 issued by Respondent No. 1;
D. Grant compensation to the tune of Rs. 1,00,000 (Rupees One Lakh only) to the Petitioner owing to the callous approach of the Respondents; and W.P.(C) 12234/2025 A. Set aside the NEET Disability Certificate dated 28.07.2025 issued by Respondent No. 2 to the Petitioner;
B. Declare the Petitioner eligible to pursue MBBS on the basis of his NEET UG score and disability certificate/UDID Card; C. Hold and declare that the re-quantification of the Petitioner's disability conducted by Respondent No. 2 is ultra vires clauses 2 and 5 of the interim guidelines dated 19.07.2025 issued by Respondent No. 1;
D. Grant compensation to the tune of Rs. 1,00,000 (Rupees One Lakh only) to the Petitioner owing to the callous approach of the Respondents; and
2. The case set out by the petitioner in W.P.(C) 12175/2025 is that the petitioner is the student with a certified 63% hearing impairment as per the validly issued disability certificate whereas in W.P.(C) 12234/2025, the petitioner is a student with a certified 50% hearing impairment as per the validly issued disability certificate and Unique Disability ID (UDID) cards.
3. The grievance of the petitioners is that the Disability Assessment Board at Lady Hardinge Medical College, New Delhi has re-assessed the petitioners' hearing impairment at 14% and 2% in W.P.(C) 12175/2025 & This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 22:37:34 W.P.(C) 12234/2025, respectively, in stark contradiction to the permanent disability certificate issued by the District Civil Hospital, Sonipat in W.P.(C) 12175/2025 and by the Civil Surgeon, Faridabad in W.P.(C) 12234/2025 and associated UDID cards which had quantified their disability at 63% and 50% hearing impairment.
4. He submits that on account of Board re-assessing the petitioners hearing impairment at 14% and 2%, the petitioners have been disqualified from availing the 5% horizontal reservation for the Persons with Benchmark Disabilities (PwBD) in MBBS Course for the academic session 2025-26.
5. He further submits that the Board while re-assessing the disability of the petitioners has also stated that they are not able to perform skills as given in the functional competencies as per the affidavits submitted by them, which observations are unwarranted.
6. In view of the above, issue notice. Mr. T. Singhdev, learned counsel for the respondent no.1/NMC accepts notice. Likewise, Mr. Anil Kumar Saxena, learned counsel for the respondent nos.3 and 4/UOI accepts notice.
7. On petitioners taking steps, notice be issued to the respondent no.2, by all permissible modes.
8. Mr. T. Singhdev, prays for time to seek instructions.
9. At request, list on 20.08.2025.
VIKAS MAHAJAN, J AUGUST 18, 2025/dss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 22:37:34