$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010436352026 + W.P.(C) 13414/2026 & CM APPL. 62620/2026 MAA MUNDESHWARI SCHOOL OF MEDICINE PRIVATE LIMITED & ANR. .....Petitioners Through: Mr. Ankit Jain, Sr Advocate, Mr Utkarsh Jaiswal, Advocate, Mr. Parth Gautam & Ms. Divyanshu Rathi, Advs. versus NATIONAL MEDICAL COMMISSION & ORS. .....Respondents Through: Mr. Raman Kapur, Senior Advocate with Mr Amit Meharia, Mr. Abinash Agrawal, Mr Shashwat Roy and Mr Divyansh Singh, Advs. for R1-3 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 15.09.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “a. Issue a writ of CERTIORARI or any other writ, order or direction of a like nature quashing and setting aside the impugned Order for Rejection of Online Application/Scheme dated 10.06.2026 bearing No. N-22011/67/2026-Assessment Cell/MARB (8396929) passed by the Respondent No. 2, whereby the Petitioners’ scheme/application No. NMC/UGN/2026-27/0128 for the establishment of Maa Mundeshwari School of Medicine, Bhabhua, District Kaimur, Bihar with an annual intake of 100 MBBS seats for the Academic Year 2026-27 has been rejected; 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 16/09/2026 at 12:53:41 b. Issue a writ of CERTIORARI or any other writ, order or direction of a like nature quashing and setting aside the impugned First Appeal rejection order dated 16.07.2026 bearing No. CDN-16013/6/2026- CDN-NMC passed by the Respondent No. 1; c. Issue a writ of MANDAMUS or any other writ, order or direction of a like nature directing the Respondent Nos. 1 to 3 to conduct a comprehensive assessment/inspection of the Petitioner College and of its attached teaching hospital — whether physical, virtual or hybrid — within a period of seven days from the date of the order of this Hon’ble Court; d. Issue a writ of MANDAMUS or any other writ, order or direction of a like nature directing the Respondent No. 1 to take into consideration the inspection/assessment report so obtained and to take a reasoned and speaking decision upon the Petitioners’ scheme/application No. NMC/UGN/2026- 27/0128, having regard to the criteria specified in Section 29 of the National Medical Commission Act, 2019, within a period of three days from the conclusion of the said inspection, in compliance with the order dated 24.08.2026 bearing F. No. V.11013/43/2026-ME-I passed by the Respondent No. 4. ...” 2. For the reasons stated in the petition, issue notice. 3. Mr. Agarwal, learned counsel accepts notice on behalf of the respondent Nos. 1-3. 4. Mr. Kapur, learned senior counsel, has addressed arguments on behalf of the respondent Nos. 1-3. 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 16/09/2026 at 12:53:41 5. The brief facts of the case are that the petitioner No. 1 was incorporated on 25.09.2024 and applied to Deputy Secretary, Department of Health, Government of Bihar, Patna for issuance of an Essentiality Certificate for starting an MBBS course on the ground of possessing college building, hospital and hostel block. The attached teaching hospital of the petitioner No. 1 College namely, RK Hospital and Research Centre, situated on the self-same unitary campus was also established in December, 2024. 6. Pursuant to the public notice issued by the respondent Nos. 1 and 2 inviting online applications for establishment of new medical colleges and increase of intake in UG seats for the academic year 2026-27, the petitioner submitted its application and deposited the prescribed fee. 7. The solvency certificate was issued in favour of the petitioner No. 1 College on 24.02.2026. Consequently, on 11.03.2026, the Government of Bihar, Department of Health, also issued an Essentiality Certificate in favour of the petitioner No. 1 College. The Bihar University of Health Sciences, Patna, also issued the Consent of Affiliation in favour of the petitioner No. 1 College for starting the UG medical course with an annual intake of 100 seats for the academic year 2026-27. 8. The petitioners again transmitted the relevant documents to the respondent Nos. 1 and 2. 9. Thereafter, the respondent No. 2 passed the impugned order dated 10.06.2026 on three grounds namely: i. Non-submission of valid Essentiality Certificate. ii. Non-submission of valid consent of affiliation iii. Non-submission of valid solvency certificate. 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 16/09/2026 at 12:53:41 10. The petitioners preferred first appeal against the impugned order enclosing all the three documents, and the same was also rejected vide order dated 16.07.2026 on similar grounds. 11. The second appeal was filed in the month of July, 2026 and the Second Appellate Authority remanded the matter back for fresh consideration to respondent Nos. 1 and 2. 12. Since, there is urgency in the matter as the second round of counselling is scheduled to conclude on 17.09.2026, it is directed that the respondent No. 2 shall conduct the inspection of the petitioner No. 1 College within 1 week from today, examine the documents and pass a speaking order expeditiously and not later than 1 week thereafter. 13. The petition stands disposed of in the aforesaid terms, along with pending applications, if any. 14. Dasti JASMEET SINGH, J SEPTEMBER 15, 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 16/09/2026 at 12:53:41