$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15669/2025, CM APPL. 64118/2025, CM APPL. 64119/2025 & CM APPL. 64120/2025 DR PRANAY NIJHAWAN & ANR. .....Petitioners Through: Mr.Shivendra Singh and Ms.Prakriti Rastogi, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Dr.Monika Arora, CGSC with Mr.Subhrodeep Saha and Ms.Anamika Thakur, Advs for R-1 to 3. Mr.Sanjay Pal, G.P. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 14.10.2025 1. Heard learned counsel for the parties. 2. Proceedings of this writ petition under Article 226 of the Constitution of India have been instituted with the following prayers:- “a) Issue a writ of mandamus or any appropriate writ, order or direction to the Respondents to recognize “maintenance dialysis” as a disability under the Rights of Persons with Disabilities Act, 2016, by way of suitable amendment/notification. b) Direct the Respondents to immediately issue a circular recognizing dialysis-dependent persons as eligible for disability certificates, pending statutory amendment. c) Declare that exclusion of dialysis-dependent patients from the definition of disability under the RPwD Act, 2016, is unconstitutional, 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 17/10/2025 at 12:14:19 arbitrary, and violative of Articles 14 and 21 of the Constitution. d) Pass interim directions permitting the Petitioners and similarly placed individuals to apply for disability certificates treating dialysis as a recognized disability until final disposal of the matter. e) Pass such other or further orders as this Hon'ble Court may deem fit in the interests of justice.” 3. The prayers made in the writ petition are in fact in the realm of policy decision to be taken by the Government of India either by incorporating certain amendments, as suggested in this petition in the Rights of Persons with Disabilities Act, 2016 („RPwD Act‟) or by considering the contention of the petitioner for the purposes of recognising „Maintenance Dialysis‟ as a „specified disability‟ in terms of Section 2(zc) of the RPwD Act, and appropriately amending the Schedule appended to the RPwD Act. 4. Learned counsel for the respondent, however, has stated that „Maintenance Dialysis‟ cannot be termed to be a disability for the reason that it is a medical condition and not a disability per se. However, all the aforesaid aspects including the submission made by learned counsel for the respondent needs to be considered by the Government at an appropriate level. 5. Accordingly, without expressing our opinion as to the merit of the claim of the parties, we permit the petitioner to make a representation for redressal of his grievances to the Government of India and the Ministry of Social Justice and Empowerment by taking all the pleas which may be available to him under law and enclosing all the documents on which he intends to rely. 6. Such a representation shall be made within a fortnight from today and once any such representation is made, the same shall be given due consideration, and decision thereon, shall be taken by the competent authority of the Government of India with expedition. 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 17/10/2025 at 12:14:19 7. The decision to be taken under this order shall also be communicated to the petitioner. 8. With the aforesaid observations and directions, the instant writ petition stands disposed of. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J OCTOBER 14, 2025/MJ 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 17/10/2025 at 12:14:19