SAHIL ARSH vs NATIONAL MEDICAL COMMISSION & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 14.01.2026 % Judgment delivered on: 04.02.2026 + W.P.(C) 1712/2025 SAHIL ARSH .....Petitioner Through: Ms.Aditi Gupta, Adv. (DHCLSC) with Ms.Lavanya Bhardwaj, Adv. versus NATIONAL MEDICAL COMMISSION & ORS. .....Respondents Through: Mr. T. Singhdev, Adv. with Mr.Abhijit Chakravarty, Mr.Tanishq Srivastava, Ms.Yamini Singh, Mr.Vedant Sood, Ms.Ramanpreet Kaur and Mr.Bhanu Gulati, Advs. for R-1. Mr. Mohinder J.S. Rupal, Adv. with Mr.Hardik Rupal, Ms.Aishwarya Malhotra and Ms.Tripta Sharma, Advs. for University of Delhi. CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. PRELUDE 1. Persons with Disabilities (hereinafter referred to as ‘PwD’) have historically faced marginalisation and exclusion, and have often been denied their fundamental rights and dignity. Despite laws and Government policies W.P.(C) 1712/2025 Page 1 of 41 Signature Not Verified Digiltally Signed By:SREERAM L Signing Date:04.02.2026 20:13:22 aimed at promoting inclusivity and reasonable accommodation being in place, many continue to experience social, economic and cultural barriers that hinder their full participation and growth in the society. Denial of rights and reasonable accommodation for PwD not only affect individuals but also undermines the principles of equality and justice. 1.1 Facts of this case depict as to how the petitioner, who is a person suffering with 40% disability of vision impairment, has been denied his right to reasonable accommodation by the respondent on the basis of a Regulation that puts a blanket ban on a student pursuing under graduate course in Medicine to seek migration from one medical college to the other even though, he may be most deserving to seek such