Delhi High Court - Orders
Tanishka Bharti vs Al Falah School Of Medical Science And ... on 21 May, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6907/2025, CM APPL. 31266/2025 & CM APPL.
31267/2025
TANISHKA BHARTI .....Petitioner
Through: Ms. S. Janani, Senior Advocate
with Mr. Deepal Goel, Mr. Rajat Arora, Mr.
Sanjeev Kumar, Mr. Pradeep Singh and Mr.
Jitender Bharti, Advocates.
versus
AL FALAH SCHOOL OF MEDICAL SCIENCE AND
RESEARCH CENTRE AND OTHERS .....Respondents
Through: Mr. Suhail Khan, Ms. Vratika
Mittal, Mr. Farid Ahmed Nizami and Mr.
Vishal Raj Sehijpal, Advocates for R1.
Mr. T. Singhdev, Mr. Abhijit Chakravarty,
Mr. Anum Hussain, Ms. Yamini Singh, Mr.
Sourabh Kumar and Mr. Tanishq Srivatava,
Advocate for R2.
Mr. Sanjay Khanna, Standing Counsel with
Ms. Pragya Bhushan, Mr. Tarandeep Singh
and Ms. Vilakshana Dayma, Advocates for
R5.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 21.05.2025 CM APPL. 31267/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
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 30/06/2025 at 16:39:02 W.P.(C) 6907/2025 and CM APPL. 31266/2025
3. The present petition has been filed by the petitioner seeking the following reliefs:
"i). Issue a Writ order or direction in the nature of certiorari quashing the letter dated 21.04.2025 whereby the Respondent No.2 (National Medical Commission, Undergraduate Medical Education Board) directed the Respondent No.3 to discharge the petitioner or cancel her admission in MBBS Course and further issue a Writ order or direction in the nature of mandamus directing the respondent no.1 and 3 to allow her to continue her studies in the aforesaid course.
ii). Stay on the implementation of the direction/ order mentioned in the notice issued by the respondent no. 2 to Respondent no. 1 and allow to participate in the forth coming examination to held in may."
4. At the outset, Mr. T. Singhdev, the learned counsel appearing on behalf of respondent no.2/NMC invites attention of the Court to Annexure P-1 which is a letter written by the NMC to the Registrar of Pt. B.N. Sharma University of Health Sciences, Rohtak, which is an affiliating university of the Medical College in which petitioner is a student. Referring to the said letter he submits that since the impugned action has been taken on the basis of a report of CBI and further there is a reference made to the letter of Ministry of Health and Family Welfare ('MOHFW' for short), therefore the said Ministry as well as CBI are necessary parties.
5. On oral request of learned counsel appearing on behalf of petitioner, the CBI as well as Union of India through MOHFW, are impleaded as respondents. Let amended memo of parties be filed within a period of two days.
6. Ms. S. Janani, learned Senior Counsel appearing on behalf of 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 30/06/2025 at 16:39:02 the petitioner submits that on 21.04.2025, petitioner's parents received a whatsapp message from the College informing them that her admission has been cancelled based on the impugned letter dated 21.04.2025 issued by the respondent no.2/NMC. She submits that such action has been taken without affording an opportunity of hearing to the present petitioner.
7. She further submits that impugned letter from the NMC refers to CBI investigation, but NMC has failed to appreciate that the petitioner has been cited as one of the witnesses by CBI in its second supplementary chargesheet and there are no allegations or criminal charge whatsoever against the present petitioner.
8. In view of the above, issue notice. Mr. Suhail Khan, learned counsel appearing on behalf of respondent no.1 accepts notice. Likewise, Mr. T. Singhdev, accepts notice on behalf of respondent no.2/NMC. Mr. Sanjay Khanna, learned counsel appearing on behalf of respondent no.5/NTA also accepts notice.
9. On petitioner taking steps issue notice to respondent nos. 3 and 4 by all permissible modes returnable on the next date of hearing. Dasti in addition.
10. Let respondent nos. 6 and 7 be served through their respective standing counsels, returnable for the date fixed.
11. Mr. Sanjay Khana, learned counsel appearing on behalf of respondent no.5/NTA points out that copy of the petition has not been served on the respondent no.5. Let learned counsel appearing on behalf of petitioner serve copy of the petition on the respondent no.5 through its counsel.
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 30/06/2025 at 16:39:02
12. Mr. T. Singhdev prays for time to seek instructions and revert on the next date of hearing.
13. Re-notify on 23.05.2025 in the supplementary list.
VIKAS MAHAJAN, J MAY 21, 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 30/06/2025 at 16:39:02