Delhi High Court - Orders
Shrinivas G Educational And Research ... vs National Medical Commission & Ors on 25 September, 2025
$~135
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14939/2025 and CM APPL. 61499/2025
SHRINIVAS G EDUCATIONAL AND RESEARCH INSTITUTE
OF MEDICAL SCIENCES & ANR. .....Petitioners
Through: Mr. Gaurav Bhatia, Sr. Advocate with
Mr. Utkarsh Jaiswal, Mr. Neelmani Guha, Mr.
Vaibhav Dabas and Mr. Vivek Tiwari, Advocates.
versus
NATIONAL MEDICAL COMMISSION
& ORS. .....Respondents
Through: Mr. T. Singhdev and Mr. Bhanu
Gulati, Advocates for R-1/NMC.
Mr. Premtosh K. Mishra, CGSC with Mr.
Prarabdh Tiwari, Advocate for R-4/UOI.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 25.09.2025 CM APPL. 61500/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 14939/2025
3. The present petition has been filed by petitioners seeking following reliefs:
"a. Certiorari, quash and set aside the impugned Letter of Disapproval dated 21.09.2025 issued by Respondent No. 2 (MARB/NMC), whereby the Petitioners' scheme dated 04.01.2025 for establishment of a new medical college with an intake of 150 MBBS seats for AY 2025-26 has been disapproved;
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 29/09/2025 at 23:03:25 b. Mandamus directing Respondent Nos. 1 and 2 to grant/issue the Letter of Permission (LoP) to the Petitioner College to establish a new medical college with an intake of 150 MBBS students for the academic year 2025-26, on the basis of the assessment/inspection report dated 10.07.2025 and the contemporaneous record, and, or c. Mandamus, in the alternative, directing Respondent Nos. 1 and 2 to forthwith conduct a compliance-verification inspection, consider the Petitioner College's compliance on record, and thereafter pass a fresh, reasoned order within a short, fixed timeline, after affording the Petitioner a reasonable opportunity of being heard and to rectify in terms of the proviso to Section 28(3) of the National Medical Commission Act, 2019."
4. The grievance ventilated by petitioners in the present petition is with regard to the issuance of Letter of Disapproval (LOD) by Medical Assessment and Rating Board (MARB) of NMC whereby the application of petitioners for establishment of new Medical College at Shrinivas G Educational & Research Institute of Medical Sciences, Saran (Bihar), with annual intake of 150 MBBS students has been disapproved as per Section 28(3) of the NMC Act, 2019 (hereinafter 'Act of 2019).
5. Mr. Gaurav Bhatia, learned Sr. Counsel appearing on behalf of petitioners has invited attention of the Court to sub-section (3) of Section 28 of the Act of 2019 to contend that Letter of Disapproval is ought to be issued within a period of six months from the date of receipt of an application.
6. He submits that the application was made by petitioners for approval of its medical college as early as on 04.01.2025, however, the order of disapproval came to be passed only on 21.09.2025.
7. He further draws attention of the Court to proviso to sub-section (3) of Section 28 of the Act of 2019 to submit that before disapproving the scheme 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 29/09/2025 at 23:03:25 as proposed by the Medical College, an opportunity to rectify the defects, if any, is to be afforded to the college concerned, but no opportunity, whatsoever, was afforded to petitioners to rectify the defects.
8. He urges the Court that necessary directions may be given to respondent NMC to conduct compliance verification etc. and expedite the entire process so that petitioners could participate in the ongoing counselling of NEET (UG)-2025.
9. In view of the above, issue notice.
10. Mr. T. Singhdev, learned Standing Counsel appearing on behalf of respondent no.1/NMC accepts notice. Mr. Premtosh Kr. Mishra, learned CGSC accepts notice on behalf of respondent no. 4/UOI.
11. Mr. T. Singhdev at the outset submits that the college in question is situated at Bihar, therefore, the jurisdictional High Court to entertain the present petition is the High Court of Patna. He further contends that an alternative statutory remedy is available to petitioner, inasmuch as the First Appeal against the impugned order lies before the NMC in terms of Section 28 (5) of the Act of 2019, and the second Appeal can be maintained before the Central Government in terms of Section 28(6) of the Act.
12. He submits that if the order of disapproval was not passed within six months, as sought to be contended by the petitioners, they ought to have approached this Court immediately thereafter.
13. He submits that at this stage no inspections are being carried out by NMC for the purpose of establishment of new medical colleges and the seat matrix for the ongoing counselling of NEET (UG-2025) has already been finalized.
14. He contends that there are various methods for making an assessment, 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 29/09/2025 at 23:03:25 which includes verification of documents, self-declaratory affidavits etc., and this exercise is undertaken both electronically as well as physically.
15. Let counter-affidavits be filed by respondents within a period of 10 days. Rejoinders, if any, be filed before the next date of hearing.
16. Re-notify on 09.10.2025.
VIKAS MAHAJAN, J SEPTEMBER 25, 2025/jg 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 29/09/2025 at 23:03:25