$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010264192026 + W.P.(C) 8352/2026 & CM APPL. 39255/2026, CM APPL. 39256/2026, CM APPL. 42232/2026, CM APPL. 42236/2026 DR. P. SRI SAI JANANI ....Petitioner Through: Dr Rakesh Gosain, Mr Sanjiv Saluja, Ms. Shrieya Gosain, Advocates versus NATIONAL MEDICAL COMMISSION AND OTHERS .....Respondents Through: Mr. Vaibhav Mishra, SC, R1 Mr Kartik Brundavan, Adv. for R3&5 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 12.08.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “a) A Writ of Mandamus or any other appropriate writ, order, or direction commanding Respondent No. 1 (NMC) to grant an exceptional inter-state migration/transfer to the Petitioner from the hostile environment of Osmania Medical College, Hyderabad, to Madras Medical College, Chennai, or another suitable Government medical institution in Chennai; b) A direction to the Respondents to create a single supernumerary M.Ch. (CTVS) seat at the receiving institution to fully preserve the Petitioner's super-specialty surgical career without disrupting or prejudicing the vested merit rights of any third-party candidates; 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 20/08/2026 at 11:26:47 c) A Writ of Mandamus directing Respondent No. 1 to formulate comprehensive, binding national guidelines and emergency relocation/migration protocols specifically engineered for protecting women resident doctors facing verified sexual harassment and post-complaint institutional victimization; d) A Writ of Continuing Mandamus directing the National Medical Commission to establish an independent grievance and appellate fast-track redressal mechanism at the national level to handle structural safety emergencies of medical students; e) A formal constitutional Declaration that regulatory silence, administrative rigidity, or the absence of internal guidelines within sub-legislative NMC frameworks cannot be utilized to defeat, delay, or extinguish fundamental rights guaranteed under Articles 14, 15, and 21 of the Constitution of India; f) A Writ of Mandamus directing the Respondents, particularly Respondent Nos. 4 and 5, to fully preserve and insulate the Petitioner's dissertation rights, thesis topic registration, academic progression, and immediate examination eligibility, ensuring complete legal immunity from the consequences of the 37-day delayed departmental notification; g) Issue a Writ of Mandamus or any other appropriate Writ, order, or direction commanding the Respondent No. 5 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 20/08/2026 at 11:26:47 College to immediately release the full withheld stipend due to the Petitioner for the 89 days of mandatory Maternity Leave (from 08.10.2025 to 04.01.2026) and issue a fresh, corrected certificate explicitly recording her remaining 14 days of credited leave balance. h) An order directing the appropriate Respondents to award exemplary public law compensation to the Petitioner for the flagrant violation of her fundamental rights, severe mental agony, physical insecurity, and structural victimization suffered due to systemic statutory inaction. …” 2. The brief facts of the case are that the petitioner is a meritorious doctor who has completed her MBBS as well as MS with distinctions. Thereafter, the petitioner cleared the National Eligibility cum Entrance Test for Super Specialties (NEET-SS) and was allotted a seat in 3 year M.Ch. (Cardiothoracic and Vascular Surgery-CTVS) for the academic batch 2023- 2024 at respondent No. 5 College namely, Osmania Medical College/ Osmania General Hospital, Hyderabad, wherein she has completed almost two years of her course 3. It is the case of the petitioner that immediately upon joining the department at respondent No. 5 College, she was subjected to sexual harassment for which she filed a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), leading to an Internal Complaints Committee (“ICC”) inquiry. 4. The petitioner states that despite the findings of the committee in petitioner’s favour, the petitioner is being subjected to hostile working 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 20/08/2026 at 11:26:47 environment not conducive for her to complete the said course. 5. In this view of the matter, the petitioner wrote a formal representation and an email dated 27.01.2025 to the respondent No. 1 seeking emergency migration i.e., transfer to another institution. However, despite a lapse of more than one and a half years, the same is still pending consideration. 6. Mr. Mishra, learned standing counsel who was present in Court has been requested to appear for the respondent No. 1 i.e., National Medical Commission in the present petition. 7. Since the only prayer pressed by the petitioner is to seek decision on her representation dated 27.01.2025, it is hereby directed that the respondent No. 1 shall consider the same and pass a speaking order expeditiously and not later than 2 weeks from today. 8. The respondent No. 1 while deciding the representation addressed to it shall consider the fact that the petitioner had registered a complaint under the POSH Act with the ICC and there are findings of fact in favour of the petitioner qua the earlier College/Institution. 9. With these directions, the petition is disposed of granting liberty to the petitioner to take recourse to any and all legal actions, if required, subsequently. JASMEET SINGH, J AUGUST 12, 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 20/08/2026 at 11:26:47