Dr Manoj Kumar Vs National Medical Commission & Anr. — Writ and Judicial Review | Delhi HC (2026)

Dr Manoj Kumar Vs National Medical Commission & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with directions to respondent No. 1 (National Medical Commission) to decide the petitioner's representation dated 13.05.2025 in accordance with rules, regulations and extant guidelines within reasonable time, and, in case the committee is not constituted, to constitute the same expeditiously.

Issue for consideration

Whether the petitioner's prayer — that respondent No. 1 (National Medical Commission) be directed to constitute a committee and decide his representation dated 13.05.2025 against the notification dated 29.12.2023 bearing no. F.NO.CDN-19012/5/2023-COORD-NMC (PGMER-23) — deserves to be granted. +1 more

Court's answer

For the stated reasons, the Court held that the prayer of the petitioner needed to be granted.

Ratio / Principle

In view of the changed curriculum of MD Biochemistry, the Court disposed of the petition directing respondent No. 1 to decide the petitioner's representation dated 13.05.2025 in accordance with rules, regulations and extant guidelines within reasonable time.

Key takeaways

If the committee was not constituted, the Court further directed that its constitution shall also be done expeditiously.ratio¶¶18

Detailed headnote1 paragraphs

High Court of Delhi (Jasmeet Singh, J.), W.P.(C) 3673/2026 & CM APPL. 17895/2026, order dated 23.03.2026 — Dr Manoj Kumar v. National Medical Commission & Anr. Writ petition under Article 226 of the Constitution of India seeking mandamus directing respondent No. 1 (National Medical Commission) to constitute a committee and decide the petitioner's representation dated 13.05.2025 against notification dated 29.12.2023 bearing no. F.NO.CDN-19012/5/2023-COORD-NMC ('Post-Graduate Medical Education Regulations, 2023 or PGMER-23'), to the extent it disqualified M.B.B.S. degree holders who have completed post-graduate M.D. in Biochemistry from pursuing the superspecialty course of D.M. in Endocrinology. Counsel for respondent No. 1 contended that the petition stood covered by the Division Bench judgment of the Hon'ble Andhra Pradesh High Court in P. Harsha Vardhan v. Govt. of India, 2014 SCC OnLine Hyd 1103. Holding that, in view of the changed curriculum of MD Biochemistry, the petitioner's prayer needed to be granted, the Court disposed of the petition directing respondent No. 1 to decide the representation dated 13.05.2025 in accordance with rules, regulations and extant guidelines within reasonable time and, in case the committee was not constituted, to constitute the same expeditiously.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 3673/2026 & CM APPL. 17895/2026 DR MANOJ KUMAR

.....Petitioner Through: Mr. Sagar Shivam Jaiswal, Mr. Neeraj Kumar, Mr. Adnan Hussain, Advs. versus

NATIONAL MEDICAL COMMISSION & ANR.

.....Respondent Through: Dr. Monika Arora, CGSC with Mr. Subhrdeep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, Mr. Abhinav Verma, Advs. for UOI

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R % 23.03.2026

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :-

“a. Issuance of the Writ/Direction in the nature of mandamus thereby directing the respondent no. 1 to constitute the committee and decide the representation dated 13.05.2025 filed by the petitioner against the notification dated 29.12.2023 bearing no. F.NO.CDN-19012/5/2023-COORD-NMC called as “Post-Graduate Medical Education Regulations, 2023 or PGMER-23” to the extent by virtue of which the M.B.B.S.

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 30/03/2026 at 16:13:28

Degree holders who have completed their post-graduate i.e. M.D. in Biochemistry have been disqualified from pursuing superspecialty course of Doctor of Medicine (D.M.) in Endocrinology;...”

Mr. Singhdev, learned counsel for respondent No. 1, states that the petition is covered by the judgment of Division Bench of Hon’ble Andhra Pradesh High Court in P. Harsha Vardhan v. Govt. of India, 2014 SCC OnLine Hyd 1103 .

Mr. Jaiswal, learned counsel for the petitioner states that post 2014, there have been substantial changes in academic curriculum of MD Biochemistry.

For the said reasons, I am of the view that the prayer of the petitioner needs to be granted.

In view of the changed curriculum of MD Biochemistry, the petition is disposed of directing respondent No. 1 to decide the representation dated 13.05.2025 filed by the petitioner in accordance with rules, regulations and extant guidelines within reasonable time.

In case the committee is not constituted, the same shall also be done expditiously.

With these directions, the petition is disposed of.

JASMEET SINGH, J

MARCH 23, 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 30/03/2026 at 16:13:28