Rohit Jaiswal vs Union Of India And Ors.

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.08.2026
# CNR No. DLHC010361652026
+ W.P.(C) 11251/2026 & CM APPL. 52014/2026
ROHIT JAISWAL .....Petitioner
Through: Dr. Hemant Gupta and Mr. Akash
Aggarwal, Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Ms. Himanshi Singh, SPC with Mr.
Nipun Jain, GP, Mr. Rohit Kumar and
Ms. Monalisa Pradhan, Advocates for
UoI.
Mr. Satyakaam, Senior Advocate with
Mr. Bipul Kumar Mishra, Advocate
for R-3.
Mr. Harsh Pratap Shahi, SPC, Mr.
Dev Pratap Shahi, Mr. Sanket Mishra,
Ms. Hitaishi Tulsian, Advocates and
Mr. Rajkumar Maurya, G.P.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
TEJAS KARIA, J. ( ORAL )
1. The present Writ Petition has been filed under Article 226 of the
Constitution of India, 1950, seeking implementation of the order dated
01.12.2025 (“ Appellate Order ”) passed by the Directorate General of
Health Services, Government of National Capital Territory of Delhi
(“ Appellate Authority ”), in an appeal preferred by the Petitioner under
Section 59(1) of the Rights of Persons with Disabilities Act, 2016 (“ RPwD
Act ”).
Signature Not Verified
W.P.(C) 11251/2026 Page 1 of 4
Signed By:NEELAM
SHARMA
Signing Date:31.08.2026
18:58:44

2. On 22.02.2025, the Petitioner was issued a disability certificate
(“ Disability Certificate ”) under the RPwD Act by Dr. Baba Saheb
Ambedkar Hospital, Rohini, New Delhi, recording 13% hearing impairment.
3. Being dissatisfied with the assessment of 13% hearing impairment
recorded in the Disability Certificate, the Petitioner preferred an appeal
under Section 59(1) of the RPwD Act (“ Appeal ”) before the Appellate
Authority seeking reassessment of his hearing impairment. The Appellate
Authority, vide the Appellate Order, directed that the Petitioner may be sent
to Respondent No. 3- Dr. Ram Manohar Lohia Hospital, New Delhi (“ RML
Hospital ”) for reassessment of his hearing impairment.
4. It is the case of the Petitioner that, pursuant to the Appellate Order,
upon visiting RML Hospital, the Petitioner was orally informed by the
officials of RML Hospital that the requisite facility for reassessment of
hearing impairment was not available at RML Hospital. It is submitted on
behalf of the Petitioner that, despite multiple reminders addressed to
Respondent No. 2 and RML Hospital seeking implementation of the
Appellate Order, no effective response has been received till date.
5. Learned Counsel for the Petitioner submitted that, notwithstanding the
Petitioner having succeeded in the statutory appeal under the RPwD Act, the
Appellate Order continues to remain unimplemented on account of the
inaction and refusal on the part of the Respondents.
6. Learned SPC for Respondent No. 1 submitted that the audiometry
room at RML Hospital is presently undergoing renovation and is required to
be soundproofed for the effective conduct of reassessment tests. It was
further submitted on behalf of Respondent No. 1 that reassessment tests for
hearing impairment are presently being conducted at Lady Hardinge
Signature Not Verified
W.P.(C) 11251/2026 Page 2 of 4
Signed By:NEELAM
SHARMA
Signing Date:31.08.2026
18:58:44

Medical College, New Delhi, and that the Petitioner may submit a written
representation to RML Hospital seeking transfer to an associate hospital for
reassessment of his hearing impairment (“ Representation ”). Learned SPC
for Respondent No. 1 further submitted that the said position had already
been communicated to the Petitioner.
7. Learned Counsel for the Petitioner, however, submitted that even
though no such communication has been received by the Petitioner, the
Petitioner is ready and willing to submit the Representation, as required, and
that the Respondents be directed to consider the same within a time-bound
manner.
8. In the aforesaid circumstances, and having regard to the submission
made on behalf of Respondent No. 1 that RML Hospital is presently unable
to conduct reassessment of the Petitioner’s hearing impairment as its
audiometry room is undergoing renovation, the grievance of the Petitioner
can be adequately addressed by referring him to an associate hospital of
RML Hospital including Landy Hardinge Medical College, New Delhi,
having the requisite facilities for conducting reassessment of his hearing
impairment.
9. For the aforesaid purpose, the Petitioner shall submit a Representation
to RML Hospital, enclosing therewith a copy of this Order. Upon receipt of
such Representation, the concerned authorities at RML Hospital are directed
to take appropriate steps for referring / transferring the Petitioner to an
associate hospital having the requisite facilities for reassessment of the
Petitioner’s hearing impairment, so as to give effect to the Appellate Order,
within a period of six weeks from the date of receipt of the said
Representation.
Signature Not Verified
W.P.(C) 11251/2026 Page 3 of 4
Signed By:NEELAM
SHARMA
Signing Date:31.08.2026
18:58:44

10. The present Petition is disposed of in the aforesaid terms. Pending
applications, if any, also stand disposed of.
TEJAS KARIA, J
AUGUST 21, 2026
Hk/ap
Signature Not Verified
W.P.(C) 11251/2026 Page 4 of 4
Signed By:NEELAM
SHARMA
Signing Date:31.08.2026
18:58:44