Uttarakhand High Court
Prakriti Maulekhi vs Union Of India And Others on 18 February, 2026
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
SPECIAL APPEAL NO. 368 OF 2023
18TH FEBRUARY, 2026
Prakriti Maulekhi ...... Appellant
Versus
Union of India and others ...... Respondents
Counsel for the appellant : Mr. Suman Negi and Mr. B.S.
Koranga, learned counsel
Counsel for the respondents : Mr. Ketan Joshi, learned counsel for
respondent Nos. 2 and 3
The Court made the following:
ORDER:
1. By order dated 16.05.2025, this Court directed the respondent School to forthwith grant admission to the appellant pending final disposal of the appeal. The respondents subjected the said order to challenge before the Supreme Court by filing Special Leave Petition (C) No. 25403 of 2025. However, the Supreme Court declined to interfere with the order of this Court and dismissed the SLP by order dated 12.09.2025.
2. One of the contentions of learned counsel for the appellant is that although the medical board and review medical board have found that there does not appear any physical inability on part of the appellant to undertake 1 different activities but in view of the disease being of congenital nature they have observed that there is likelihood of the same manifesting itself later on in the life. The medical board and review medical board were admittedly headed by only an orthopedic doctor and not by any expert in the field of congenital abnormalities.
3. Counsel for the parties agree that the Court may seek opinion of some expert body in this regard.
4. Accordingly, we provide that the Director, All India Institute of Medical Sciences, New Delhi shall constitute a medical board headed by an expert in the field of congenital abnormalities, and another expert from the department of orthopedic. If he feels that expert from some other field would also be relevant it shall be open to the Director, AIIMS to include any such expert in the body of experts. Learned counsel for the appellant states that the appellant would appear before the board on any date that is fixed by this Court and, preferably in this month only, to which learned counsel for the respondents has no objection.
5. Accordingly, we direct that the medical board shall be constituted within a week from today. The order will be communicated to the Director, AIIMS, New Delhi by the office within 48 hours with request to constitute the 2 medical board. The appellant will be examined by the medical board on 10.03.2026.
6. As we are informed that the appellant has already passed Standard 8th and, even Standard 9th, from a different school but she is ready to take admission again in Standard 9th and in respect of which even approval of the Sainik School Cell, Ministry of Defence would not be required, therefore, we further provide that if in the meantime the appellant makes any application for admission in Standard 9th along with necessary documents, the respondents in compliance of the order passed by this Court dated 16.05.2025 would grant admission to the appellant subject to the final outcome of the instant appeal.
7. The Director, AIIMS, New Delhi is requested to transmit the report of the experts in a sealed cover to the Registrar General of this Court within one week from the date the appellant is examined.
8. List the matter on 17.03.2026.
_______________________ MANOJ KUMAR GUPTA, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 18TH FEBRUARY, 2026 Negi 3