$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010452792026 + W.P.(C) 13951/2026 & CM APPL. 65160/2026, CM APPL. 65161/2026 DR. T. MAHALINGAM THIRUMALAIVELSAMY .....Petitioner Through: Mr. Ganesh Khanna, Mr. Shakti Narayanan, Mr. Himanshu Vashistha, Advs. versus NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES AND ORS. .....Respondents Through: Mr. Waize Ali Noor, Mr. Mrinal. Kumar Sharma, Mr. Zillur Rahman, Advs. for R-1/ NBEMS CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 24.09.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “a) Issue an appropriate writ, order or direction directing NBEMS to consider the Petitioner's Relieving Order and grant extension/approval for joining the allotted DNB (Post Diploma) Paediatrics Course at KIMS, Thiruvananthapuram, while protecting the allotted seat 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 11:57:39 from cancellation, re-allotment or creation of third-party rights;…” 2. For the reasons stated in the petition, issue notice. 3. Mr. Noor, learned counsel accepts notice on behalf of the respondent No. 1. He has vociferously opposed the present petition and has also handed over a compilation of documents in support of his submissions. 4. The brief facts of the case are that the petitioner is a qualified medical doctor serving as an Assistant Surgeon under the Government of Tamil Nadu. He secured a rank of 420 in Paediatrics and was provisionally allotted a DNB (Post Diploma) Paediatrics seat at Kerala Institute of Medical Sciences (KIMS), Thiruvananthapuram, through the Mop-up Round held on 27.08.2026. The last date for physical reporting and joining the institute was 01.09.2026. 5. At the time of participating in the registration process, the petitioner was required to furnish an NOC/relieving letter from his previous employer i.e., Chief Medical Officer, Government Hospital, Gangavalli. 6. Since the petitioner had not received the said NOC, he annexed along with his application, the letter dated 25.06.2026 addressed to the concerned authority, seeking an NOC/relieving order. The petitioner also signed the undertaking confirming reading of the brochure and undertaking the compliance thereof. 7. On 27.08.2026, the petitioner was allotted a seat and since the petitioner did not have the NOC, the respondent issued a show cause notice requiring the petitioner to show cause as to why his seat should 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 11:57:39 not be cancelled and it was during the pendency of the aforesaid that the petitioner obtained a relieving letter dated 01.09.2026 issued approximately at 10:22 P.M. 8. It is the contention of Mr. Noor, learned counsel for the respondent No. 1, that the petitioner was required to submit the reliving order along with his application. Since the application was not accompanied with the same, it was incomplete and hence no fault can be attributed to the course of action adopted by the respondent. 9. I am unable to agree with the said contention of the respondent No. 1. 10. The petitioner participated in the selection process and secured admission solely on the basis of his merit. Before applying for the seat, the petitioner had duly completed the requisite formalities and had taken all the steps to obtain the relieving letter from his previous employer. 11. The issuance of relieving letter/NOC is not within the control of the petitioner as the same was required to be issued by the Chief Medical Officer, Government Hospital, Gangavalli. The petitioner had taken all necessary steps within his power to obtain the same and complete the requisite formalities. Hence, the delay or inaction on the part of the concerned authority cannot be attributed to the petitioner and the petitioner cannot be made to suffer for the same. 12. I am of the view that cancellation of the seat allotted to the petitioner on the basis of his merit, only on account of procedural delay (non- attributable to the petitioner) would be travesty of justice and cannot be allowed. 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 11:57:39 13. This Court in exercise of its extraordinary jurisdiction conferred by virtue of Article 226 of the Constitution of India, has the power to do substantial justice. 14. In view of such facts and circumstances, the petition is allowed and the delay in submitting the relieving letter stands condoned. Accordingly, the seat allotted to the petitioner in the Paediatrics Course at the Kerala Institute of Medical Sciences (KIMS), Thiruvananthapuram, shall stand confirmed in favor of the petitioner and he shall be permitted to join the said course forthwith. 15. The documents handed over in Court today are taken on record. JASMEET SINGH, J SEPTEMBER 24, 2026/sp 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 11:57:39