National Medical Commission Vs National Capital Region Institute of Medical Sciences & Ors. — Delhi HC (2025) — LawSathi Research

National Medical Commission Vs National Capital Region Institute of Medical Sciences & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The LPA and connected W.P.(C) 12194/2025 were disposed of with directions: NMC to obtain a fresh Expert Committee inspection report by 09.09.2025 and decide on MBBS intake for 2025-26; merit-based admissions against sanctioned seats if statutory compliance is found; CBI FIR proceedings unaffected; no order as to costs.

Issue for consideration

Whether the petitioner-institution (respondent institute) is to be permitted to take the intake of MBBS students for the academic session 2025-26, contingent on a fresh Expert Committee inspection and compliance with statutory norms.

Court's answer

The National Medical Commission shall satisfy itself by securing another inspection report from the Expert Committee by 09.09.2025 and thereafter take an appropriate decision on whether the petitioner-institution is to be permitted MBBS intake for academic session 2025-26.

Ratio / Principle

If the National Medical Commission is satisfied about compliance of statutory norms, it shall ensure that an adequate number of students, strictly as per merit, are provided for admission against the sanctioned seats by the counselling body/authority.

Key takeaways

The directions in the order shall have no bearing on the FIR registered by the CBI, whose proceedings shall be carried out independently in accordance with law.ratio¶23
The appellant's prayer for at least 10 days' time to comply (5th-7th September 2025 being holidays) was declined because the second round of counselling was to commence on 10.09.2025.ratio¶24
All authorities, including the panel of experts, were directed to cooperate with each other to ensure timely compliance of the order.ratio

Detailed headnote1 paragraphs

High Court of Delhi (Division Bench: Devendra Kumar Upadhyaya, CJ. and Shalinder Kaur, J.), oral order dated 04.09.2025 in LPA 563/2025 - National Medical Commission v. National Capital Region Institute of Medical Sciences & Ors. Disposed of with directions arising from the Single Judge's order dated 22.08.2025 in W.P.(C) 10890/2025: (i) NMC to secure a fresh Expert Committee inspection report by 09.09.2025 and thereafter decide whether the petitioner-institution may take MBBS intake for academic session 2025-26; (ii) upon satisfaction of statutory compliance, adequate number of students strictly as per merit to be provided admission against sanctioned seats by the counselling body/authority; (iii) the directions have no bearing on the CBI FIR, which proceeds independently in accordance with law; (iv) NMC's request for 10 days' time (holidays on 5th-7th September 2025) declined as the second counselling round commences 10.09.2025; (v) all authorities, including the expert panel, to cooperate for timely compliance. Parallel LPA 564/2025 and W.P.(C) 12194/2025 similarly disposed. No order as to costs.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Date of Decision: 04.09.2025

% LPA 563/2025 & CM APPL. 55751-54/2025

NATIONAL MEDICAL COMMISSION .....Appellant

Through: Mr. Kirtiman Singh, Sr. Adv. with Mr. T. Singhdev and Mr. Bhanu Gulati, Advs.

versus

NATIONAL CAPITAL REGION INSTITUTE OF MEDICAL SCIENCES & ORS. .....Respondents

Through: Mr. A.K. Gautam, Ms. Ankita Gautam, Mr. Harsh Gautam, Mr. Ravi Mehrotra, Mr. Nitin Juyal and Mr. Keshav Pratap Singh, Advs. Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay and Mr. Saksham Sharma, Advs. for R-3.

CORAM: HON'BLE THE CHIEF JUSTICE

HON'BLE MS. JUSTICE SHALINDER KAUR

DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)

Heard the learned counsel for the parties.

In similar circumstances, by means of an order passed today, we have

LPA 563/2025

Signature Not Verified

Signed By:SHAILNDRA KUMAR Signing Da te:0 5.09.2025 09:25:33

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disposed of LPA 564/2025 arising out of an order dated 22.08.2025 passed by the learned Single Judge in W.P.(C) No. 10890/2025.

The instant LPA as also the W.P.(C) 12194/ 2025 are, therefore, disposed of with the following directions:

I. The National Medical Commission shall satisfy itself by securing another inspection report from the Expert Committee by 09.09.2025 and thereafter shall take appropriate decision as to whether the petitioner – institution is to be permitted to take the intake of MBBS students for the academic session 2025-26.

II. If the National Medical Commission is satisfied about the compliance of the statutory norms, it shall ensure that adequate number of students strictly as per merit are provided for admission against the sanctioned seats by the body/ authority conducting the counselling.

III. We also clarify that the direction contained in this order shall have no bearing on the FIR registered by the CBI and the proceedings on the basis of the said FIR shall independently be carried out in accordance with law.

IV. At this juncture, learned senior counsel for the appellant Commission has stated that at least 10 days’ time be granted for ensuring compliance of this order for the reason that 5^th , 6^th and 7^th September, 2025 are holidays. Ordinarily, we would have acceded to such a prayer being made by the learned counsel representing the appellant–Commission, however, considering the fact that the second round of counselling is to commence on 10.09.2025, we have passed the directions as above. We also direct that all

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LPA 563/2025

Signature Not Verified

Signed By:SHAILNDRA KUMAR Signing Da te:0 5.09.2025 09:25:33

the authorities, including the panel of experts shall cooperate with each other to ensure timely compliance of this order.

There shall be no order as to costs.

DEVENDRA KUMAR UPADHYAYA, CJ

SHALINDER KAUR, J

SEPTEMBER 04, 2025

N.Khanna

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LPA 563/2025

Signature Not Verified

Signed By:SHAILNDRA KUMAR Signing Da te:0 5.09.2025 09:25:33