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2026 DAILYLAW 19554 (DEL)

NATIONAL MEDICAL COMMISSION AND ORS v. MAA MUNDESHWARI SCHOOL OF MEDICINE PRIVATE LIMITED AND ORS.

LPA/784/2026 · 2026-09-25

Tejas Karia

body2026

Judgment text

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LPA 784/2026 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010462442026 + LPA 784/2026 & CM APPL. 66593/2026 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 MAA MUNDESHWARI SCHOOL OF MEDICINE PRIVATE LIMITED AND ORS. .....Respondents Through: Mr. T. Singhdev, Senior Advocate with Mr. Utkarsh Jaiswal, Mr. Bhanu Gulati 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 CAV 466/2026 1. Learned Counsel for the Caveator has put in appearance. 2. Accordingly, the Caveat stands discharged. CM APPL. 66594/2026 (Exemption) 3. Exemption allowed, subject to all just exceptions. 4. The Application stands disposed of. LPA 784/2026 5. Heard learned Counsel for the Parties. 6. We have already passed an order today i.e. on 25.09.2026 in LPA 783/2026, which engaged our attention to almost similar issues, which have arisen for our consideration in this Appeal. 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 11:36:47 LPA 784/2026 7. By order dated 15.09.2026 (“Impugned Order”), the learned Single Judge, while observing that the second appeal, which was filed in the month of June, 2026 by the Respondent, has been decided and the matter has been remitted for fresh consideration, has further issued a direction that the inspection of the institution shall be conducted within a week from the date of passing of the order and documents, etc. shall also be examined and a speaking order shall be passed, not later than one week thereafter. 8. On a query, it has been informed at the Bar that though the second appeal preferred by the Respondent was decided by the Government of India on 24.08.2026 (“Remand Order”), however, pursuant to the said Remand Order, the National Medical Commission (“NMC”) has yet not taken any decision. 9. For the reasons given in our order passed today in LPA 783/2026, we dispose of the instant Appeal as well with the following directions: i. The NMC shall decide the matter pursuant to the Remand Order within a period of one week from today. ii. Depending on the outcome of the proceedings to be drawn and decided pursuant to the Remand Order, the inspection of the institution of the Respondent shall be conducted and thereafter, appropriate decision shall be taken by the authority concerned. 10. The Impugned Order stands modified to the aforesaid extent. 11. We may reiterate our observations made today in our order passed in LPA 783/2026 that the point of law being urged by learned Counsel for the Parties are kept open to be decided in any other appropriate matter, if the same arises in future. 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 11:36:47 LPA 784/2026 12. We request that 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 11:36:47