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2026 DAILYLAW 18297 (DEL)

RIYA GOSWAMI v. UNION OF INDIA & ORS.

W.P.(C)/11743/2026 · 2026-09-16

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010377472026 + W.P.(C) 11743/2026 & CM APPL. 54311/2026, CM APPL. 63092/2026 RIYA GOSWAMI .....Petitioner Through: versus UNION OF INDIA & ORS. .....Respondent Through: Mr. Manisha Agrawal Narain, CGSC with Mr. Nipun Jain, Mr. Sarthak Rana, Advs. for R-1, 3 to 7 Mr. Sarthak Rana, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 16.09.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “A. Quash and set aside the Minutes of the High-Powered Inter- Departmental Committee meeting dated 02.03.2026 and the consequential Office Memorandum No. 07-04/2022-DD-III dated 23.03.2026 issued by Respondent No. 1, insofar as they refuse to recognise Factor X Deficiency as a specified disability / blood disorder under 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 19/09/2026 at 11:45:07 the Rights of Persons with Disabilities Act, 2016; B. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to recognise Factor X Deficiency as a benchmark disability / blood disorder under the Rights of Persons with Disabilities Act, 2016 C. Or, in the alternative, issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to extend the benefits available under the existing "Blood Disorders" category in the Schedule to the Act and the relevant Gazette Notification No. CG-DL-E-15032024- 253066 dated 14.03.2024 to the Petitioner; D. Direct Respondent Nos. 2, 3 and 6 (National Testing Agency, National Medical Commission and Medical Counselling Committee) to permit the Petitioner to participate in the ongoing and ail subsequent rounds of NEET-UG 2026 counselling under the Persons with Benchmark Disabilities (PwBD) category on the strength of her Permanent Disability Certificate dated 05.02.2026 (45% permanent disability), with all consequential benefits;…” 2. Even though prayer ‘A’ seeks quashing and setting aside of the minutes of the High-Powered Inter-Departmental Committee meeting dated 02.03.2026, Mr. Beri, learned counsel for the petitioner, states that as of now, he is not pressing prayer ‘A’ because the petitioner falls within the observations of the High-Powered Inter-Departmental Committee. 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 19/09/2026 at 11:45:07 3. He states that the issue of law challenging the minutes of the High-Powered Inter-Departmental Committee may be kept open, for being urged in an appropriate case. 4. Keeping that issue open for adjudication by way of appropriate proceedings, I am examining the facts of the present case. 5. The petitioner is a medical student and a NEET-UG candidate suffering from a congenital, lifelong, rare autosomal recessive genetic bleeding disorder known as Factor X Deficiency. 6. Since the petitioner was not permitted to participate in the counselling, the present petition has been filed seeking permission to participate in NEET-UG 2026 counselling under the PWD category. 7. Notice has been issued and Ms. Narain, learned CGSC appears on behalf of respondent Nos. 1, 3, 4, 5, 6 and 7. Mr. Khanna, learned standing counsel appears on behalf of respondent No. 2. Ms. Narain, learned CGSC has vehemently opposed the petition and addressed detailed arguments. 8. The minutes of meeting of the High-Powered Inter-Departmental Committee read as under: 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 19/09/2026 at 11:45:07 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 19/09/2026 at 11:45:07 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 19/09/2026 at 11:45:07 9. The High-Powered Inter-Departmental Committee has considered the Factor X Deficiency and in paragraph No. 6 of the aforesaid minutes of the meeting, has already stated that Factor X Deficiency results in physical impairment, which is required to be assessed under relevant disability categories and if the same is present, the Factor X Deficiency candidate, would be considered under the PWD category. 10. My attention has been drawn to the information provided by the All India Institute of Medical Sciences, Rishikesh in its RTI reply dated 05.03.2026, where the answer to question No. 5 (numbered as ‘e’) reads as under: “For the answer of question no.e- Persons with Congenital deficiency of Factor VIII, Factor IX, or Factor X, and having 40% or more disability should be eligible for the benefits as per UDID benchmark disability norms.” 11. From a perusal of the aforesaid reply, it is clear that persons with congenital deficiency of Factor X and having 40% or more disability should be considered eligible under the PWD category i.e., as per the norms. 12. The disability certificate of the petitioner bearing UDID No. UK5162020070002618 reads as under: 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 19/09/2026 at 11:45:07 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 19/09/2026 at 11:45:07 13. A perusal of the certificate as reproduced hereinabove shows that the petitioner suffers from 45% disability, which is permanent in nature. 14. A conjoint reading of the minutes of meetings of the High-Powered Inter-Departmental Committee, the RTI reply from AIIMS, Rishikesh as well as the Disability Certificate, shows that the petitioner suffers from: A) Hemophilia F-X Deficiency, B) Disability of permanent nature assessed at 45%. 15. Hence, the petitioner meets the criteria, laid down by the High-Powered Inter-Departmental Committee itself in its Minutes of the meeting dated 02.03.2026. 16. Consequently, the petition is disposed of directing the petitioner to be treated as a PWD candidate and she shall be permitted to participate in the third round counseling based on her NEET-UG 2026 score. 17. Dasti. JASMEET SINGH, J SEPTEMBER 16, 2026/sp 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 19/09/2026 at 11:45:07