Shri. Durga Maa Shiksha Sewa Samiti, Thru. Authorized Representive, Dr. Virendra Kumar and Ors. v. U.O.I. Thru. Secy., Deptt. / Ministry of Health and Family Welfare, Delhi and Others
National Medical Commission Act, 2019 – Section 28(6) – second appeal before Union of India – scope confined to review of first appellate order
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 7), WRIT - C No. 1011 of 2025, decided 24.2.2025 by Pankaj Bhatia, J.; Neutral Citation 2025:AHC-LKO:11711. Petitioner Durga Maa Shiksha Sewa Samiti challenged rejection of approval for starting new PG courses on the ground of non-submission of essentiality certificate, the dismissal of its first appeal, and the second appellate order dated 02.01.2025. Held that a second appeal under Section 28(6) of the National Medical Commission Act, 2019 is confined to review of the first appellate order dated 21.10.2024 and no new ground could be introduced at that stage; all three orders quashed and matter remanded to NMC for fresh speaking orders within two weeks. Keywords: essentiality certificate; NMC; PG courses; second appeal; new grounds; speaking order; remand.
What did the court decide?
All three impugned orders (dated 02.01.2025, 21.10.2024 and 31.05.2024) quashed; matter remanded to the NMC to pass fresh orders on the petitioner's applications in accordance with law by a speaking order, preferably within two weeks of appearance and production of a certified copy of the order; writ petition disposed of in terms of the above.