MS. JAHANVI NAGPAL vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:10.09.2025 % Judgment delivered on:16.09.2025 + W.P.(C) 1975/2023 & CM APPL. 7546/2023 MS. JAHANVI NAGPAL .....Petitioner Through: Mr. Rahul Bajaj, Adv. with Ms.Sarah, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Kavindra Kumar Gill, Senior Panel Counsel for R-1/UOI. Mr. T. Singhdev, Adv. with Mr.Abhijit Chakravarty, Mr.Anum Hussain, Mr.Bhanu Gulati, Mr.Tanishq Srivastava, Ms.Yamini Singh, Mr.Sourabh Kumar, Mr.Vedant Sood and Mr.Ramanpreet Kaur, Advs. for R-2/NMC. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, CJ 1. The proceedings of this petition have been instituted under Article 226 of the Constitution of India, initially praying for issuing a direction to the respondent no.1/Union of India and respondent no.2/National Medical W.P. (C) 1975/2023 Page 1 of 23 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:16.09.2025 11:55:30 Commission to allocate a seat to the petitioner against one of the vacancies under Persons with Disabilities [hereinafter referred as „PwD‟] category in NEET-UG 2022 cycle as per the procedure and in terms of the provisions prescribed under Section 32 of the Rights of Persons with Disabilities Act, 2016 [hereinafter referred as „the RPwD Act‟]; An alternate prayer was also made to issue a direction for a fresh medical examination with the fresh medical board at All India Institute of Medical Sciences for assessment of the extent of disability of the petitioner; The petitioner also prayed that Section 32(1) of the RPwD Act, read with Note 3 of the amendment dated 14.05.2019, be declared as unconstitutional and violative of Article 14 of the Constitution of India insofar as they restrict