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2026 DAILYLAW 20865 (DEL)

SARASWATI EDUCATION SOCIETY & ANR. v. NATIONAL MEDICAL COMMISSION & ORS.

W.P.(C)/14122/2026 · 2026-09-28

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010458682026 + W.P.(C) 14122/2026 & CM APPL. 66097/2026 SARASWATI EDUCATION SOCIETY & ANR. .....Petitioners Through: Mr. Ankit Jain, Sr. Adv. Mr. Utkarsh Jaiswal, Adv Mr. Parth Gautam, Adv Ms. Divyanshu Rathi, Adv versus NATIONAL MEDICAL COMMISSION & ORS. .....Respondents Through: Mr. Raman Kapur Sr. Adv., Mr Amit Meharia Adv, Mr Abinash Agarwal Adv, Ms Priya Bhalerao Adv for Respondents 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:- “a. Issue a writ of CERTIORARI or any other writ, order or direction of a like nature quashing and setting aside the impugned Order for Rejection of Online Application/Scheme dated 13.06.2026 bearing No. N- 22011/60/2025-Assessment Cell/MARB (8338846) passed by the Respondent No. 2, whereby the Petitioners' scheme/application No. NMC/UGI/2026-2027/0057 for the increase in the annual MBBS intake of Dr. N. Y. 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 11:01:26 Tasgaonkar Institute of Medical Science, Diksal, Taluka Karjat, District Raigad, Maharashtra from 100 seats to 150 seats for the Academic Year 2026-27 has been rejected; b. Issue a writ of CERTIORARI or any other writ, order or direction of a like nature quashing and setting aside the impugned First Appeal rejection order dated 16.07.2026 bearing No. CDN- 16013/6/2026-CDN-NMC passed by the Respondent No. 1; c. Issue a writ of MANDAMUS or any other writ, order or direction of a like nature directing the Respondent Nos. 1 to 3 to conduct a comprehensive assessment/inspection of the Petitioner College and of its attached teaching hospital — whether physical, virtual or hybrid — within a period of three days from the date of the order of this Hon'ble Court; d. Issue a writ of MANDAMUS or any other writ, order or direction of a like nature directing the Respondent No. 1 to take into consideration the inspection/assessment report so obtained and to take a reasoned and speaking decision upon the Petitioners' scheme/application No. NMC/UGI/2026-2027/0057, having regard to the criteria specified in Section 29 of the National Medical Commission Act, 2019, within a period of three days from the conclusion of the said inspection, in compliance with the order dated 24.08.2026 bearing F. No. 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 11:01:26 V.11013/50/2026-ME-I passed by the Respondent No. 4. …” 2. Mr. Jain, learned senior counsel for the petitioners, has drawn my attention to an Order dated 25.09.2026 passed in LPA 784/2026 titled National Medical Commission & Ors. v. Maa Mundeshwari School of Medicine Private Limited & Ors., wherein the Hon’ble Division Bench in paragraph No. 9 of the said Order observed as under:- “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.” 3. Since the facts of the present case are identical to the matter adjudicated by the Hon’ble Division Bench, hence, it is directed as under:- (a) The NMC shall decide the matter pursuant to the Remand Order on or before 03.10.2026 (b) Depending on the outcome of the proceedings to be drawn and decided pursuant to the Remand Order, the inspection of the petitioner Institution by the respondent shall be conducted thereafter and appropriate decision shall be taken by the authority concerned. 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 11:01:26 (c) The needful shall be done in compliance with the timelines to ensure that in case the petitioner turns out to be successful in the Remand Order, the petitioner Institution is in a position to participate in the third round of counselling. 4. With these directions, the petition stands disposed of. JASMEET SINGH, J SEPTEMBER 28, 2026/AS 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 11:01:26