Delhi High Court - Orders
Abhishek Singh vs All India Institute Of Medical ... on 12 March, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3088/2026
ABHISHEK SINGH .....Petitioner
Through: Mr. Sumeet Kapoor, Adv.
versus
ALL INDIA INSTITUTE OF MEDICAL SCIENCES, NEW DELHI
(AIIMS, NEW DELHI) & ORS. .....Respondents
Through: Mr. Anand Varma and Mr. Ayush
Gupta, Advs. for R1
Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr.
Tanishq Srivastava, Ms. Yamini Singh, Advs. for
R4/NMC
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 12.03.2026 CM APPL. 14912/2026 Exemption granted, subject to all just exceptions. The application is disposed of.
W.P.(C) 3088/2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-
"a. Issue a Writ of Mandamus directing the Respondents No.1 and 2 to grant provisional admission to the Petitioner in the MD-Pharmacology course at AIIMS Bhubaneswar based on his merit rank and the seat allotment in the Open Round of INI-CET January 2026 session;
b. Issue a Direction that the Petitioner be allowed to submit 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 16/03/2026 at 21:01:06 his original academic documents immediately upon their release by Respondent No.5 college as per law; c. Issue an Interim Order that the seat allotted to the Petitioner in MD-Pharmacology at AIIMS Bhubaneswar be kept vacant and shall not be treated as a stray vacancy or allotted to any other candidate pending the final disposal of this petition;
d. Issue a Writ of Mandamus directing Respondents No.3 and 5 to accept the resignation of the Petitioner from the MD- Physiology course at RDMC Banda and to release all his original academic and eligibility certificates forthwith as per law;
e. Issue a Direction to Respondent No.1 and 2 to release the security deposit of Rs. 3,00,000/- paid by the Petitioner for the INI-CET Open Round. ..."
2. For the reasons stated in the petition, issue notice.
3. Mr. Varma, learned counsel accepts notice on behalf of the respondent No. 1 and Mr. Singhdev, learned counsel accepts notice on behalf of the respondent No. 4. They seek and are granted 2 weeks to file a reply.
4. Issue notice to all the other respondents through all modes including electronic on the petitioner taking steps within 1 week from today, returnable on 08.04.2026.
CM APPL. 14913/20265. This is an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, 1908 seeking the following interim reliefs:-
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 16/03/2026 at 21:01:06 "a) Direct Respondents No.1 and Respondent No.2 to keep the seat allotted to the Petitioner in the MD-Pharmacology course at AIIMS Bhubaneswar vacant and not to treat the same as a stray vacancy or allot it to any other candidate, pending disposal of the present Writ Petition;
b) Direct Respondents No.1 and Respondent No.2 to permit the Petitioner to join the MD-Pharmacology course provisionally, subject to submission of original documents upon their release by Respondent No.5;
c) Direct Respondent No.3 to pass necessary directions for acceptance of resignation of Petitioner from the MD-
Physiology course at Respondent No.5 (RDMC Banda) and release the Petitioner's original academic documents forthwith; ..."
6. For the reasons stated in the application, issue notice.
7. Mr. Varma, learned counsel accepts notice on behalf of the respondent No. 1 and Mr. Singhdev, learned counsel accepts notice on behalf of the respondent No. 4. They seek and are granted 2 weeks to file a reply.
8. Issue notice to all the other respondents through all modes including electronic on the petitioner taking steps within 1 week from today.
9. The case of the petitioner is that the petitioner secured a seat in MD- Pharmacology course at AIIMS, Bhubaneswar i.e., respondent No. 2. However, his admission was denied due to technical limitation in resigning from RDMC, Banda i.e., respondent No. 5 and lack of production of original documents, which are in the custody of RDMC, Banda.
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 16/03/2026 at 21:01:06
10. The petitioner submitted his resignation on 21.02.2026 to RDMC, Banda to facilitate his move to AIIMS, Bhubaneswar but due to the lack of documents, the petitioner has not been able to join AIIMS, Bhubaneswar.
11. For the reasons stated and from the documents on record, prima facie it seems that the petitioner has secured admission at AIIMS, Bhubaneswar on merits. The petitioner has also submitted its resignation to RDMC, Banda to be qualified to join AIIMS, Bhubaneswar in MD-Pharmacology course.
12. The objection of Mr. Varma, learned counsel for the respondent No. 1, regarding the lack of territorial jurisdiction shall be considered as and when a reply is filed.
13. The petitioner has a prima facie case as the petitioner has secured admission on merits and also submitted its resignation to RDMC, Banda. In case the seat is allotted to somebody else, the petitioner would be deprived of his legitimate legal right to study at AIIMS, Bhubaneswar.
14. I am of the view that the balance of convenience lies in the favour of the petitioner and if interim relief is not granted irreparable loss would be caused to the petitioner.
15. Hence, till the next date of hearing the seat allotted to the petitioner shall not be allotted to anybody else.
16. List on 08.04.2026.
JASMEET SINGH, J MARCH 12, 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 16/03/2026 at 21:01:06