$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010472582026 + LPA 804/2026 & CM APPL. 67979-82/2026 NATIONAL COMMISSION FOR HOMOEPATHY & ANR. .....Appellant Through: Ms.Ankita Chaudhary with Mr.Avnish Dave, Mr. Parmod Kumar Vidhnoi, Mr. Shreyas Balaji, Mr. Chand Kapoor, Advs. versus SENDHWA HOMOEPATHIC MEDICAL COLLEGE AND HOSPITAL & ORS. .....Respondent Through: Mr.Animesh Kumar with Mr.Nishant Kumar,Dr.Sumit Kumar, Ms.Aprajita, Mr.Yashwardhan Singh, Advs for R- 1. Ms.Mrigna Shekhar with Mr.Sahil Nindawat, Ms.Mrinal Elker Mazumdar, Ms. Silpi Swain, Advs for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 30.09.2026 1. Heard the learned counsel for the appellant as also learned counsel for the respondent no.1. 2. By instituting the proceedings of this intra-Court appeal, the appellant-National Commission for Homoeopathy, which is a statutory body 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 05/10/2026 at 10:47:20 regulating the Homoeopathy education in the country, assails the order dated 18.09.2026 passed by the learned Single Judge in W.P.(C) 13724/2026, which was filed by the respondent no.1. 3. By the impugned order, learned Single Judge has not only stayed order under challenge in the proceedings of the writ petition, dated 11.08.2026, whereby permission to participate in the counselling for admission has been denied, but also the respondent no.1 has been permitted to participate in the counselling process for the academic session 2026-2027 for an intake of 100 seats in Bachelor of Homeopathic Medicine and Surgery course (BHMS). 4. Hon’ble Supreme Court on various occasions has not approved of the interim orders by which admission process for provisionally admitting the student in any particular course especially in a course leading to grant of a medical degree was permitted by High Courts. 5. Admittedly, the respondent no.1 institute is, as on today, not competent to take admission of students on account of the fact that its application seeking renewal of permission of the subject course stands rejected. In such a situation, any interim order having the force of permitting the college to participate in the counselling and basis the counselling, permitting the students to be admitted, in our opinion could not have been cannot be passed. Such interim order leads to provisional admission and may result in jeopardizing the career of the students and their studies. Even otherwise, the impugned interim order appears to have granted to the respondent no.1 final relief, which is impermissible. 6. In view of the aforesaid the impugned order dated 18.09.2026 passed by the learned Single Judge is hereby quashed. However, we are also 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 05/10/2026 at 10:47:20 conscious of the fact that the respondent no.1-Institution has been running the course in question for last 24 years and if on account of certain deficiency the permission to run the course has not been renewed, matter requires urgent attention of the authorities of the appellant-Commission. 7. Learned counsel for the respondent no.1 has submitted that the application for extension of permission was submitted way back on 21.02.2026, however it was rejected only on 11.08.2026 i.e. after a period of about six months from the date the said application was moved. The delay in processing such application, that too, in case of a college, which has been running for 24 years, cannot be appreciated. The Commission is, therefore, directed to be conscious of the time factor involved in processing such applications. 8. We thus request the learned Single Judge to expedite the proceedings of the writ petition and decide the same as early as possible. We further direct that the respondents in the writ petition pending before the learned Single Judge will have a week’s time from today to file their respective counter affidavit(s), whereafter the respondent no.1 will have three days time to file the rejoinder affidavit. Learned Single Judge is also requested to prepone the date of hearing in the writ petition, for which purpose an appropriate application will be moved by the party concerned. 9. The instant appeal along with pending applications stands disposed of. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J SEPTEMBER 30, 2026/S.Rawat 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 05/10/2026 at 10:47:20