$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010332682023 + W.P.(C) 11242/2023 & CM APPL. 43795/2023 KARTIK MITTAL AND ORS ....Petitioners Through: Ms. Mudita Sharda and Ms. Gayatri Nandwani, Advs. versus NATIONAL MEDICAL COMMISSION AND ORS .....Respondents Through: Mr. Amit Meharia, Adv. Mr. Abinash Agarwal, Adv., and Ms. Priya S. Bhalerao, Adv. for R1 Mr. Anand Varma and Mr Ayush Gupta, Advs. for R2 Mr. Rohan Jaitley, CGSC, Mr. Akshay Sharma, Mr. Dev Pratap Shahi, Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Advs. for UOI CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 11.08.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “A. Issue a Writ or direction in the nature of Mandamus and set aside the Eligibility Criterion laid down by Respondent No.1 and further by Respondent No.2-6 in their respective Prospectus for applying to Super Specialty Courses (D.M.) offered in multiple Government Medical Institutions of India, whereby MD in Geriatric Medicine is excluded as a Feeder Qualification/Eligibility to apply for all Medicine related 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 22/08/2026 at 10:50:38 Super Specialty Courses (D.M.) via National Eligibility Cum Entrance Test- Super Specialty (NEET-SS) and Institute of National Importance – Super Specialty (INISS) examination; and B. Issue a Writ or direction in the nature of Mandamus to include MD in Geriatric Medicine as a Feeder Qualification/Eligibility for applying to Doctorate of Medicine (D.M.) in Super Specialty Courses via NEET- SS and INI-SS examination; …” 2. The facts are that the petitioners are doctors with post graduation in MD (Geriatric Medicine) i.e., a branch of medicine that deals with the problems and diseases of old age and the medical care and treatment of ageing people. 3. On 23.05.2018, the President and General Secretary of the Resident Doctors’ Association, AIIMS, addressed a letter to the Secretary of Respondent No.1, formerly known as the Medical Council of India, highlighting the omission of MD (Geriatric Medicine) from the list of Broad Specialties eligible for DM specializations, which adversely affected the prospects of candidates holding the said qualification to pursue DM specializations. 4. On 29.05.2018, the Federation of Resident Doctors’ Association India (FORDA) also addressed a letter to respondent No.1 requesting, inter alia, that MD (Geriatric Medicine) be included as a qualifying course for admission to DM courses. Thereafter, on 04.03.2023, petitioner No.1 addressed an email to respondent No.2 seeking clarification regarding the exclusion of MD (Geriatric Medicine) as a qualifying qualification for 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 22/08/2026 at 10:50:38 admission to DM courses through the INI-SS examination; however, the response received was vague and unsatisfactory. 5. Petitioner No.1 filed two RTI applications dated 05.03.2023 and 25.03.2023 and thereafter addressed letters dated 02.05.2023 and 18.05.2023 to respondent No.1, seeking clarification and redressal regarding the exclusion of MD (Geriatric Medicine) as a feeder qualification for medicine- related Super Specialty courses through NEET-SS. Despite the repeated representations and correspondence, no effective action was taken by the respondents. Hence the present petition. 6. The respondent No. 2 is All India Institute of Medical Sciences (“AIIMS”) which conducts the DM entrance via the INI-SS exam. The MD (Geriatric Medicine) was not a qualification to participate in INI-SS exam for DM courses. 7. Ms. Nandwani and Ms. Sharda, learned counsels for the petitioners, draw my attention to the Minutes of the Dean’s Committee Meeting held on 12.09.2019 and more particularly to table agenda No. 1 which 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 22/08/2026 at 10:50:38 8. Mr. Gupta, learned counsel for the respondent No. 2, states that in the present case, the respondent No. 2/AIIMS called for comments from various heads of departments and they were of the opinion that it would be 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 22/08/2026 at 10:50:38 impermissible to allow individuals with MD (Geriatric Medicine) to be considered to apply for DM Endocrinology Entrance Examination. 9. The respondent No. 1, which is the body laying the qualification for Super Specialty DM courses, has stated that post graduate medical qualification of MD (Geriatric Medicine) is excluded as a feeder qualification to apply to for admission to Super Specialty, medical course through NEET-SS and INI-SS. The reason stated is that the physical infrastructure; teaching staff, clinical material and hospitals are insufficient for MD (Geriatric Medicine) to be a feeder qualification for DM Super Specialty Courses. No other reason is decipherable from the counter affidavit of the respondent No. 1. 10. All the comments of the heads of the department seem to suggest that Geriatric Medicine is not developed well enough to cater to the population they are supposed to look after, i.e., patients above the age of 60 years. 11. I am of the view that the said reasons are not sufficient to deny candidates holding MDs of Geriatric Medicine to enhance their career and participate in DM Super Specialty Courses. 12. If the concerned authorities are of the view that the number of doctors practising Geriatric Medicine is inadequate to cater to the population requiring such specialised care, it is for the authorities to take appropriate measures to increase the number of seats and doctors in the field of Geriatric Medicine. The inadequacy in the number of doctors in the field cannot, however, be a ground to deny doctors holding an MD in Geriatric Medicine the opportunity to pursue DM Super Specialty Courses and thereby advance their professional and career prospects. 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 22/08/2026 at 10:50:38 13. Additionally, all these documents relied upon by the respondent No. 2/AIIMS are of the year 2019 and more than 7 years have elapsed since then. 14. For the said reasons, the respondent No. 1 is directed to have a re-look and to include MD (Geriatric Medicine) as eligible for DM specializations. 15. The needful shall be done expeditiously. 16. With these directions, the writ petition is disposed of. JASMEET SINGH, J AUGUST 11, 2026/AS 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 22/08/2026 at 10:50:38