VINAY KUMAR & ANR. v. NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES NBEMS & ORS.
W.P.(C)/12265/2026 · 2026-09-28
Jasmeet Singh
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 20406 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20406 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~139 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010394602026 + W.P.(C) 12265/2026 VINAY KUMAR & ANR. .....Petitioners Through: Mr. Pulkit Agarwal, Mr Anubhav Lamba, Mr. Rishabh Tripathi, Mr. Arun Kumar Singh, Mr. Sudhanshu Kaushesh, Mr Amit Advs. versus NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES NBEMS & ORS. .....Respondents Through: Mr. Waize Ali Noor, Mr. Mrinal Kumar Sharma, Mr. Varun Rajawat, Mr. Zillur Rahman, Advs. for R-1 Ms. Avshreya Pratap Singh Rudy, q CGSC with Ms. Usha Jamnal, Ms. Nyasa Sharma, Mr. Siddhant Nagar, Mr. Abhinav Mall, Ms. Nishtha Dhall, Advs. for R-1-4/ UOI Mr. Bishwabandhu, Standing Counsel with Ms. Nisha, Adv. for NMC
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 28.09.2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- 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 01/10/2026 at 11:55:46
“a) issue a writ of certiorari, or any other appropriate writ,
order or direction, quashing and setting aside the impugned communications dated 17.08.2026 issued by Respondent No.1, whereby the Petitioners' Round- 2 NEET-SS 2025 seat allotments in DrNB/DNBSS Medical Oncology at Max Super Specialty Hospital, Mohali were withdrawn, and consequently restore and give effect to the Petitioners' Round-2 allotments; and/or b) in the alternative, direct the Respondents to restore/protect the respective Round-1 allotments of the Petitioners in DrNB/DNBSS Medical Oncology at Max Super Specialty Hospital, IP Extension, Delhi, in respect of Petitioner No.1, and Jawahar Lal Nehru Cancer Hospital & Research Centre, Bhopal, in respect of Petitioner No.2, pending disposal of the accompanying Writ Petition: c) in the alternative, issue a writ of mandamus, or any other appropriate writ, order or direction, directing Respondent Nos. 1 and 2 to protect the Petitioners' merit position (AIR 286 and AIR 267 respectively in the Medical Oncology Group) and to accommodate the Petitioners against an equivalent DrNB/DNBSS Medical Oncology seat in the ongoing or subsequent round of NEET-SS 2025 counselling, without treating the Petitioners as defaulting candidates; and/or…”
2. The brief facts of the case are that petitioner No. 1, Dr. Vinay Kumar, and petitioner No. 2, Dr. Karanvir Singh, appeared in NEET-SS 2025 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 01/10/2026 at 11:55:46
in the Medical Oncology Group and secured All India Rank (AIR) 286 and AIR 267, respectively. 3. Pursuant to the declaration of results, the petitioners participated in the centralized online counselling conducted by respondent No. 2. In the first round of counselling, petitioner No. 1 was allotted DrNB/DNBSS Medical Oncology at Max Super Specialty Hospital, 108, I.P. Extension, Delhi, whereas petitioner No. 2 was allotted DNBSS Medical Oncology at Jawahar Lal Nehru Cancer Hospital & Research Centre, Bhopal, Madhya Pradesh. 4. In Round-2 of counselling, on the basis of their respective merit positions, both the petitioners were upgraded to DNBSS Medical Oncology at Max Super Specialty Hospital, Mohali. Since the seats allotted to them in Round-2 were upgraded seats, the petitioners accepted the same and deposited the requisite first-year fee for the DrNB Super Specialty course with respondent No. 1. 5.
Thereafter, allotment letters were also issued to the petitioners in respect of the DNBSS/DrNB Medical Oncology seats at Max Super Specialty Hospital, Near Civil Hospital, Phase-VI, Mohali-160055. Since the allotted seats were cancelled, this writ petition bearing No. W.P.(C) 12265/2026 was filed. 6. In the aforesaid circumstances, this Court, vide
order dated 21.08.2026, was pleased to reserve the seats for petitioners.
7. Mr. Noor, learned counsel for respondent no. 1/NBEMS has handed over an email dated 25.09.2026, addressed to both the petitioners, whereby it has been communicated that the two DNBSS/DrNB Medical Oncology seats allotted to Max Super Specialty Hospital, 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 01/10/2026 at 11:55:46
Near Civil Hospital, Phase-VI, Mohali-160055, have been restored. The learned counsel further stated that the petitioners shall now be permitted to proceed with their course further.
8. In view of the aforesaid development, the grievance of the petitioners stands redressed. Accordingly, the present petition is disposed of and the interim order stands vacated. The petitioners, shall, however, be at liberty to seek revival of the present petition in case any further difficulty is faced by them.
9. The emails handed over in Court today are taken on record.
JASMEET SINGH, J SEPTEMBER 28, 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 01/10/2026 at 11:55:46