Riya Goswami Through His Natural Guardian Trilok Nath Goswami v. Union Of India & ORS.

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12078/2025 & CM APPL. 49345/2025 RIYA GOSWAMI THROUGH HIS NATURAL GUARDIAN TRILOK NATH GOSWAMI .....Petitioner Through:

Ms. Nandadevi Deka, Mr. Shashwat Pratyush and Mr. Shubhra Sharma, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Ajit Kumar Pathak, SPC with Mr.

Amit Acharya, GP with Ms. Akriti Pathak, Adv. for R-1/UOI & R-2.

Mr.

T.

Singhdev, Mr.

Abhijit Chakravarty and Mr.

Tanishq Srivastava, Advs. for R-3/NMC.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 12.08.2025 CM APPL. 49346/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 12078/2025 3.

The present petition has been filed seeking following relief: "a. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondents No. 2 to 5 to immediately assess and issue the Disability Certificate to the Petitioner in accordance with law and within a time-bound manner;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b. Direct the Respondents to allow the Petitioner's participation in the ongoing NEET-UG Counselling 2025 process and permit her to submit her choice of colleges under the PwBD category for Round 1, despite the lapse of deadline on 04.08.2025;" 4.

Ms. Nandadevi Deka, learned counsel for petitioner submits that the grievance of petitioner is that she was not able to fill her choice by the last date i.e. 04.08.2025 only for the reason that the PwD Certificate was not issued to her. She submits that the petitioner secured All India Rank PwD Rank of 786 in the NEET (UG) 2025 Examination conducted by National Testing Agency (NTA). She submits that the information bulletin mandated that all PwD candidate must obtain a fresh disability certificate from any one of the 16 designated disability certification centres for 2025-26 academic session.

5.

She contends that on 24.07.2025, petitioner visited Government Medical College & Hospital (GMCH), Chandigarh which is one of the designated centres for disability assessment but was verbally refused assessment without any valid reason. Subsequently on 28.07.2025, petitioner visited VMMC & Safdarjung Hospital, New Delhi for disability assessment and was given to understand that Medical Board has ceased sitting and would not be issuing further certificates.

6.

She contends that no written communication or rejection order was issued contrary to the directions laid by the Hon'ble Supreme Court in Om Rathod vs. Union of India & Ors., 2024 SCC OnLine SC 3130. 7.

She submits that representation dated 29.07.2025 was also made by the petitioner to Director General of Health Services, MCC for bringing to their notice the aforesaid facts, however, no response was received by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner.

8.

In view of the above, issue notice. Mr. Ajit Kumar Pathak, learned Senior Panel Counsel accepts notice on behalf of the respondent nos. 1 and

2. Likewise, Mr. T. Singhdev, learned counsel for respondent no.3 /NMC, accepts notice.

9.

Mr. Ajit Kumar Pathak submits that he had sought instructions from respondent nos. 1 and 2 and has received instructions in writing which are handed over across the bar. He invites attention of this Court to paragraphs 3 to 6 from the said instructions which reads thus: "3. It is pertinent to mention that the counselling for NEET UG 2025 commenced on 21st July, 2025. The last date of choice filling (as per the initial schedule) was 28th July, 2025. However, it was already extended at multiple occasions due to inability of PwD candidates to get themselves assessed at the centres within the timeline provided.

4. The choice filling was extended till 11th August, 2025 (11.59 PM) and presently, the processing of result for Round -I has already commenced.

5. After the discussion with VMMC and Safdarjung Hospital, New Delhi (one of the Designated Disability Centres), the answering respondent in the better interest of the candidate (petitioner herein) will consider her request for a reassessment at VMMC and Safdarjung Hospital, New Delhi. The petitioner is at Serial No.120 in the waiting list, however, the petitioner's assessment will be taken on Priority basis and will be done within 1 to 2 days.

6. The petitioner can approach VMMC and Safdarjung Hospital, New Delhi for her re-assessment at the earliest. However, since the processing of result for Round -I of NEET UG 2025 Counselling has already commenced, the petitioner (if found eligible after reassessment) will be considered in Round-2 of the NEET UG 2025 Counselling."

10.

The said instructions are taken on record and the respondents shall The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remain bound by the same.

11.

In view of the above instructions, Ms. Nandadevi Deka submits that no further orders are called for.

12.

The petition stands disposed of in the above terms. 13.

Order dasti under the Signature of the Court Master. VIKAS MAHAJAN, J AUGUST 12, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.