LPA 783/2026 $~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010462362026 + LPA 783/2026 & CM APPL. 66580/2026 NATIONAL MEDICAL COMMISSION AND ORS......Appellants Through: Ms. Maninder Acharya, Senior Advocate with Mr. Amit Meharia, Mr. Abinash Agarwal, Mr. Shashwat Roy, Ms. Priya S. Bhalerao and Mr. Amol Acharya, Advocates. versus LOTUS EDUCATIONAL SOCIETY AND ORS. .....Respondents Through: Mr. Ankit Jain, Senior Advocate with Mr. Utkarsh Jaiswal, Mr. Parth Gautam, Ms. Divyanshu Rathi and Mr. Prasanjay J. Sahani, Advocates for R1 & 2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 25.09.2026 CM APPL. 66581/2026 1. Exemption allowed, subject to all just exceptions 2. The Application stands disposed of. LPA 783/2026 3. Heard learned Counsel for the Parties. 4. This intra court Appeal seeks to challenge an order dated 08.09.2026 passed by the learned Single Judge in W.P.(C) 12987/2026 (“Impugned Order”), proceedings of which were instituted by Respondent No. 1 – Lotus Educational Society, whereby a direction was issued to decide the second 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 26/09/2026 at 11:36:48 LPA 783/2026 appeal preferred by the Respondent – Society within a week with a further direction that the Appellant – National Medical Commission (“NMC”) shall conduct the inspection of the Institute which the Respondent – Society intends to establish, within one week from the date of the order. 5. The Respondent – Society seeks to establish a medical college and in terms of the requirement of National Medical Commission Act, 2019 and the regulations known as Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment and Rating Regulations, 2023 (“2023 Regulations”) had made an application seeking permission of the NMC. The said application was, however, rejected vide order dated 10.06.2026 by the Medical Assessment and Rating Board. Against the said rejection order dated 10.06.2026, the Respondent – Society preferred a statutory first appeal before the NMC, which, too, was rejected on 20.08.2026 / 01.09.2026. 6. Challenging the order of the first appellate authority, a second appeal was preferred by the Respondent – Society before the Central Government and it is in this background that the direction by the learned Single Judge was issued vide Impugned Order for disposal of the appeal within a period of one week from the date of uploading of the said order. 7. Various submissions have been made by learned Counsel for the Appellant as also for the Respondents in support and against the directions issued by the learned Single Judge. 8. Learned Counsel representing the Department of Health and Family Welfare, Ministry of Health and Family Welfare, Government of India has tendered to the Court an order dated 25.09.2026 (“Remand Order”) passed on the second appeal preferred by the Respondent – Society, whereby the 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 26/09/2026 at 11:36:48 LPA 783/2026 second appeal has been allowed and the matter has been remanded to the NMC with a direction to re-examine the matter afresh and pass a fresh reasoned and speaking order in accordance with the statutory provisions. The Remand Order passed by the Department of Health and Family Welfare, Ministry of Health and Family Welfare, Government of India is taken on record. 9. In view of the Remand Order, the Impugned Order, so far as it directed disposal of the second appeal, has been rendered infructuous. 10. Learned Counsel for the Appellant, however, has submitted that the additional direction issued by the learned Single Judge in the Impugned Order for simultaneous inspection of the Institute which the Respondent – Society intends to establish, could not have been granted for the reason that in terms of the scheme of 2023 Regulations, the entire process of consideration of the application seeking permission to start a new medical college has to be undertaken step by step, and it is only once the application is found to be complete in all respects in terms of requirement of Regulation 9 of the 2023 Regulations, that further action such as inspection, etc. has to proceed. 11. In view of the aforesaid, we modify the Impugned Order and provide that the inspection of the Institute and other further steps shall be taken only on the basis of the outcome of the remand proceedings as directed by the Government of India vide the Remand Order dated 25.09.2026. That is to say, no simultaneous inspection shall be carried out, and inspection and other steps, as already observed above, shall be undertaken by the Appellant dependent on the outcome of the proceedings, which may now be drawn and decided pursuant to the Remand Order. 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 26/09/2026 at 11:36:48 LPA 783/2026 12. Having regard to the urgency in the matter, we direct that the proceedings pursuant to the Remand Order shall be concluded and decided within period of one week from today. 13. We make it clear that all the pleas shall be open to the Parties to urge in the proceedings based on the Remand Order. 14. The other legal issues raised by the Parties are kept open to be decided in some appropriate matter in future. 15. The Appeal stands disposed of in the aforesaid terms. Pending Application also stands disposed of. 16. This Order shall be communicated to the authorities by learned Counsel representing the respective Parties forthwith, without waiting for its certified copy. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J SEPTEMBER 25, 2026/sms 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 26/09/2026 at 11:36:48