$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9005/2026, CM APPL. 42159/2026 & CM APPL. 42160/2026 MS. DEVMALA SHARMA .....Petitioner Through: Mr. A.P. Singh, Ms. Amrita Singh, Advocates. versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS. .....Respondents Through: Mr. V.S.R. Krishna and Mr. V Shashank Kumar, Advocates. Mr. Siddhartha Sinha, Senior Panel Counsel with Mr. Rishav Kashyap, GP for Respondent No. 2,3 and 4. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 09.07.2026 1. This writ petition seeks the following reliefs: “a. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Annexure-III of NORCET-10 Advertisement No. 17/2026 dated 24.02.2026 to the extent it excludes Low Vision from the identified PwBD categories for the post of Nursing Officer, and the Committee Report dated 14.03.2020 to the like extent; and b. Issue a declaration that the exclusion of Low Vision from the identified PwBD categories for the post of Nursing Officer is illegal, arbitrary and violative of Sections 20 and 34 of the RPwD Act, 2016 and Articles 14 and 21 of the Constitution of India; and c. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 1 to include Low Vision as an identified disability category for the post of Nursing Officer and to consider 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 13/07/2026 at 16:16:14 the candidature of the Petitioner under the PwBD quota in NORCET-10 with all applicable relaxations; and. d. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to include Low Vision as an identified disability category for the post of Nursing Officer in all future NORCET advertisements including specifically in the NORCET-11 advertisement tentatively scheduled for issuance prior to 12.09.2026; and e. Issue a writ of mandamus directing the Respondents to constitute a fresh expert committee for identification of posts suitable for persons with Low Vision and other disability categories under the RPwD Act, in consultation with the Department of Empowerment of Persons with Disabilities (DEPwD), with the said committee mandatorily comprising inter alia an ophthalmologist, a Low Vision rehabilitation specialist, a nursing faculty representative and a representative of persons with disabilities, and to complete the said exercise within a period of two months from the date of this Hon’ble Court’s order; and f. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to assess the suitability of the Petitioner for the post of Nursing Officer with reference to the physical requirements specified in the Central Government’s own notification for the said post, namely the ability of sitting, reading, walking, standing, bending, manipulation by finger and seeing, in an enabling environment with assistive aids and devices, rather than solely on the basis of her visual impairment, as held in Member Secretary, District Selection Committee & Ors. v. Sangita Trambakrao Puri & Ors; and g. Issue a direction to Respondent No. 4 (Chief Commissioner for Persons with Disabilities / MoSJE through DEPwD) to monitor and ensure compliance with this Hon’ble Court’s order and report compliance within three months, as was directed by the Hon’ble Supreme Court in Justice Sunanda Bhandare Foundation v. Union of India [(2014) 14 SCC 383]; or h. Pass such other or further order(s) or direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.” 2. At the outset, counsel for the Respondents raise a preliminary objection to the maintainability of the present petition on the ground that the All India Institute of Medical Sciences falls within the ambit of Section 14 of the Administrative Tribunals Act, 1985, and that the dispute raised in the present petition falls within the jurisdiction of the Central Administrative 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 13/07/2026 at 16:16:14 Tribunal. It is submitted that, in view of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 the Petitioner has an efficacious alternative remedy before the Central Administrative Tribunal and, therefore, cannot invoke the writ jurisdiction of this Court. 3. In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition, with liberty to approach the Central Administrative Tribunal, in accordance with law. 4. Leave and liberty, as prayed for, are granted. 5. The Court has not commented on the merits of the case. All rights and contentions of the parties are left open. 6. The writ petition is disposed of along with the pending application(s). SANJEEV NARULA, J JULY 9, 2026/ab 1 (1997) 3 SCC 261. 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 13/07/2026 at 16:16:14