(81) Jerry Lalhratthang Buongpui vs Union Of India & Ors on 6 August, 2025

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Delhi High Court - Orders

(81) Jerry Lalhratthang Buongpui vs Union Of India & Ors on 6 August, 2025

Bench: Sachin Datta

$~81 and 82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9074/2025 and CM APPL.38607/2025, 45937/2025,
45969/2025

(81) JERRY LALHRATTHANG BUONGPUI .....Petitioner
Through: Mr. Raja Choudhary, Mr. Kapil
Sharma and Ms. Anushika Mishra,
Advocates.
versus

UNION OF INDIA & ORS. .....Respondents
Through: Mr. Syed Abdul Haseeb, CGSC for
UOI.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh and Mr. Vasu Agarwal,
Advocates for R-2/UPSC.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh and Mr. Vasu Agarwal,
Advocates for R-3.

+ W.P.(C) 10105/2025 and CM APPLs.42109/2025, 45893/2025
(82) NISA UNNIRAJAN .....Petitioner
Through: Mr. Raja Choudhary, Mr. Kapil
Sharma and Ms. Anushika Mishra,
Advocates.
versus

UNION OF INDIA & ORS. .....Respondents
Through: Mr. Puneet Yadav, SPC along with
Mr. Vivek Nagar, GP for R-1/UOI.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh and Mr. Vasu Agarwal,
Advocates for R-2/UPSC.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh and Mr. Vasu Agarwal,
Advocates for R-3.
CORAM:

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 08/08/2025 at 23:22:41
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER

% 06.08.2025

1. W.P.(C) 9074/2025 has been filed by the petitioner, a 29 year old Scheduled Tribe (ST) candidate from Manipur, who has been diagnosed with progressive bilateral sensorineural hearing loss.

2. It is submitted that the petitioner holds a valid Disability Certificate bearing no. MNO310419960009726 (issued by the Issuing Medical Authority, Churachandpur, Manipur) certifying 66% permanent hearing impairment in both ears. The said certification was issued in accordance with the guidelines for assessing the extent of specified disability under the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016), notified by the Government of India vide S.O. 76(E) dated 04.01.2018. The petitioner has also been issued Unique Disability ID (UDID) Card by the Government of India.

3. It is submitted that these documents attest to the petitioner's status as a person with a benchmark disability.

4. It is the case of the petitioner that, despite the aforesaid certification, respondent nos.4 to 6 [Safdarjung Hospital, All India Institute of Medical Sciences (AIIMS), and Army Hospital (Research & Referral) respectively] have conducted multiple, inconsistent assessments of the petitioner's medical / disability condition. It is submitted that these assessments have resulted in arbitrarily low disability percentages, wholly at variance with the petitioner's duly certified benchmark disability status.

5. It is pointed out that the petitioner successfully cleared Civil Services Examination, 2024 conducted by the Union Public Service Commission This is a digitally signed order.

6. Following the results, the petitioner was required to undergo a general medical examination under the Civil Services Examination Rules, 2024 (Rules). It is submitted that contrary to the mandatory provisions under Rule 2(3) of Annexure III, which stipulate that candidates belonging to the Persons with Benchmark Disability (PwBD) category shall be examined exclusively by a Benchmark Disability Expert Panel (BDEP) constituted at AIIMS, New Delhi, the petitioner was examined, in the first instance, at Safdarjung Hospital, New Delhi. It is submitted that the Safdarjung report dated 06.03.2025 recorded that the petitioner suffers from mere 1.3% hearing loss, without providing any audiometric data, diagnostic details, or explanation as to how such a figure was calculated.

7. Subsequently, the petitioner appeared before AIIMS, New Delhi, on 07.03.2025 for a benchmark disability assessment. AIIMS too assessed his hearing impairment at 1.3%, thereby excluding him from eligibility under the Persons with Benchmark Disabilities (PwBD) category. It is submitted that the said finding is in direct contradiction to the Disability Certificate issued by the competent Medical Authority under the RPwD Act, 2016, certifying the petitioner as having 66% bilateral hearing impairment, and further corroborated by the issuance of a Unique Disability ID (UDID) by the Government of India. It is submitted that these documents carry binding legal force unless duly set aside by a competent appellate authority.

8. The petitioner being aggrieved by the report of AIIMS, New Delhi, preferred an appeal on 14.04.2025 through a website namely, cseplus.nic.in before the Department of Personnel and Training (DoPT). Subsequently, on 27.04.2025, the petitioner also submitted a formal representation via email 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 08/08/2025 at 23:22:41 to the DoPT, seeking a re-examination of his benchmark disability status. In the said appeal, the petitioner specifically requested that an Auditory Steady- State Response (ASSR) test be conducted, contending that the earlier tests administered, namely, Brainstem Evoked Response Audiometry (BERA) or Auditory Brainstem Response (ABR) are not frequency-specific and as widely recognized in audiological science, offer limited accuracy in determining precise hearing thresholds across different frequencies.

9. It is submitted that the absence of frequency-specific testing may have resulted in underestimation of the petitioner's actual hearing impairment. Pursuant to the said appeal, the petitioner was subjected to a re-evaluation by the Appellate Disability Medical Board (ADMB) at the Army Hospital (Research & Referral), New Delhi, on 13.05.2025 and 14.05.2025. To the petitioner's grave prejudice and dismay, the ADMB opined that the petitioner suffered from only 15% hearing impairment, thereby still placing him below the minimum threshold of 40% required for recognition as a person with benchmark disability under the RPwD Act, 2016.

10. It is pointed out that the petitioner's hearing impairment, which had been recorded by AIIMS just a few months earlier at a mere 1.3%, was now recorded as 15%, without any intervening medical treatment or demonstrable deterioration, thereby, raising serious doubts about the consistency, methodology, and credibility of the assessment procedures followed by both institutions. It is submitted that, despite the petitioner's categorical and repeated request for an ASSR test in the appeal, the same was never conducted, thereby frustrating his legitimate expectation of a fair, objective, and scientifically sound medical evaluation.

11. In the above background, the petitioner is aggrieved by the allegedly This is a digitally signed order.

12. In light of the aforesaid grievance, the present petition has been filed seeking following prayers:-

"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent Nos. 1 and 2 to forthwith clarify, affirm, and recognize the Petitioner's legal status as a person with benchmark disability or not, based on valid statutory certification, i.e. the UDID card dated 08.02.2022 issued by the Respondent No. 1 and authoritative medical assessments, and to ensure the protection and enforcement of his fundamental rights guaranteed under Articles 14 , 15 , 16 , 19(1)(g) and 21 of the Constitution of India, including his right to life with dignity, equal opportunity, reasonable accommodation and protection from discrimination.

2. Pass such other and further orders as may be deemed just and proper in the interests of justice, equity, and good conscience in the facts and circumstances of the present case."

13. The grievance of the petitioner in W.P.(C) 10105/2025 is in a similar conspectus. The petitioner herein holds a government issued disability certificate confirming 43% hearing loss, along with a UDID card issued under the RPwD Act, 2016.

14. Yet, the respondent nos.4 to 6 [Safdarjung Hospital, All India Institute of Medical Sciences (AIIMS), and Army Hospital (Research & Referral) respectively] subjected the petitioner to multiple re-assessments, each yielding conflicting results, with the disability percentage ranging from 14.16% to 30.92%

15. In the circumstances, the following reliefs have been sought:-

"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent Nos. 1 and 2 to forthwith clarify, affirm, and recognize the Petitioner's legal status as a person with benchmark disability or not, based on valid statutory certification and authoritative medical assessments, and to ensure the protection and enforcement of her fundamental rights guaranteed under Articles 14 , 15 , 16 , 19(1)(g) and 21 of the Constitution of India, including her right to life with 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 08/08/2025 at 23:22:41 dignity, equal opportunity, reasonable accommodation and protection from discrimination.

2. Pass such other and further orders as may be deemed just and proper in the interests of justice, equity, and good conscience in the facts and circumstances of the present case."

16. During the course of the hearing, learned counsel for the respective parties have drawn attention to an order dated 28.07.2025 passed by the Supreme Court in Special Leave to Appeal (c) No(s). 17995/2025 titled as "Department of Personnel and Training v. Kore Nihal Pramod", wherein, in a somewhat similar conspectus, an expert medical board was directed to be constituted comprising members from three different Institutions, namely, the All India Institute of Medical Sciences, New Delhi; the Central Government Health Services and; the Army Research and Referral Hospital, New Delhi.

17. The operative portion of the said order dated 28.07.2025 passed in Special Leave to Appeal (c) No(s). 17995/2025 is as under:-

"4. Accordingly, a suggestion has been made by the learned ASG that an Expert Medical Board be constituted, comprising members from three different institutions, namely, All India Institute of Medical Sciences, New Delhi; Central Government Health Scheme and; Army Research and Referral Hospital, New Delhi, to examine the issue and submit a report for consideration by this Court, before a final view is taken in the matter.

xxx xxx xxx

6. Accordingly, let the Board be constituted. The members would be one to be nominated by the Director of All India Institute of Medical Sciences, New Delhi; the second member to be nominated by the Director General of the Central Government Health Scheme and; the third member to be nominated by the Chief of the Army Research and Referral Hospital, New Delhi.

7. The Director General of the Central Government Health Scheme shall act as the Nodal Officer to co-ordinate the constitution of the expert 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 08/08/2025 at 23:22:41 Board/Committee, which shall examine the extent and nature of the respondent's hearing disability.

8. The Board/Committee be constituted within two weeks from today.

9. Upon its constitution, the respondent shall be informed and within two weeks thereafter, he shall undergo a physical medical examination by the said Board/Committee.

10. A report shall, thereafter, be submitted by the Board/Committee through the Director General of Central Government Health Scheme in a sealed cover, to be placed before this Court by the learned ASG."

18. In line with the order passed by the Supreme Court, it is directed that the petitioners shall be subjected to medical examination by an expert medical board having the same constitution as specified in paragraph 4 of the aforesaid order passed by the Supreme Court.

19. Accordingly, the medical board shall comprise three members; (i) one to be nominated by the Director of the All India Institute of Medical Sciences, New Delhi; (ii) the second member to be nominated by the Director General of the Central Government Health Services and; (iii) the third member to be nominated by the Chief of the Army Research and Referral Hospital, New Delhi.

20. The concerned Experts nominated to the Board shall be ENT specialists, as the issue relates to hearing impairment.

21. The Director General of the Central Government Health Services shall act as the Nodal Officer to coordinate the constitution of the expert Board/Committee, which shall examine the extent and nature of the petitioners' hearing disability.

22. Let the Board be constituted within a period of two weeks from today. Upon its constitution, the petitioners shall undergo a physical medical examination by the said Board/Committee, as expeditiously as possible.

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 08/08/2025 at 23:22:41

23. Let the report of the Medical Board be thereafter placed on record in these proceedings, before the next date of hearing.

24. List for further consideration on 15.09.2025.

SACHIN DATTA, J AUGUST 6, 2025/r 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 08/08/2025 at 23:22:41

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