Delhi High Court - Orders
Jamia Hamdard Deemed To Be University vs National Medical Commission & Anr on 21 August, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12646/2025
JAMIA HAMDARD DEEMED TO BE
UNIVERSITY .....Petitioner
Through: Mr. Sanjay Sharawat, Sr. Adv. with
Dr. Swaroop George, Mr. Mobashshir
Sarwar, Mr. Abhinandan Jain, Mr.
Takrim Ahshan Khan, Mr. Sunil Roy,
Mr. Ayush Aanand and Mr. Shivam
Prajapati, Advs.
versus
NATIONAL MEDICAL COMMISSION
& ANR. .....Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Ms. Anum Hussain, Ms.
Yamini Singh, Mr. Bhanu Gulati, Mr.
Tanishq Srivastava, Mr. Sourabh
Kumar, Mr. Vedant Sood and Ms.
Ramanpreet Kaur, Advs. for R-
1/NMC.
Mr. Rajiv Nayar, Sr. Adv. with Mr.
Saket Sikri, Ms. Simran Mehta, Mr.
Vikalp Mudgal and Mr. Priyansh
Choudhary, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 21.08.2025 CM APPL. Nos. 51634/2025 and and 51635/2025
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 12646/2025 & CM APPL. 51633/2025 (by petitioner under Order XXXIX Rules 1 & 2 read with Section 151 CPC seeking interim relief)
3. The present petition has been filed by the petitioner-Jamia Hamdard 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 25/08/2025 at 22:55:06 (a Deemed to be University) [hereinafter, 'University'] seeking following reliefs:
"A. Issue an appropriate writ, order or direction in the nature of Prohibition directing the National Medical Commission/Respondent No. 1 not to entertain any appeal or representation or review with regard to the order dated 23.07.2025 deciding not to grant renewal of 150 UG (MBBS) seats to HIMSR for the academic year 2025-
2026 passed by the National Medical
Commission/Respondent No. 1 unless such
appeal/representation or review is made by Jamia Hamdard (Deemed to be University);
B. Issue an appropriate writ, order or direction in the nature of Prohibition directing the National Medical Commission/Respondent No. 1 not to adjudicate or entertain appeal dated 31.07.2025 filed by the suspended employee i.e., Respondent no. 2 against the order dated 23.07.2025 passed by the National Medical Commission/Respondent no.1;
C. Issue an appropriate writ, order or direction in the nature of Declaration declaring that any appeal on behalf of HIMSR to the NMC can only be made by Jamia Hamdard (Deemed to be University) in light of the unitary nature of the deemed to be university."
4. The brief facts, shorn of unnecessary details, for understanding the controversy involved in the present petition are that the University on 14.05.2025 had filed W.P.(C) 6511/2025, titled as 'Jamia Hamdard Deemed to be University vs. Union of India & Ors.', seeking inter alia direction against National Medical Commission (hereinafter, 'NMC') [respondent no.1 herein], to share all the required website credentials (User ID & or reset password) relating to admission and monitoring portals for UG/PG admissions with the University, as well as, against 'Medical Counselling 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 25/08/2025 at 22:55:06 Committee' [hereinafter, 'MCC'] to share website credentials of NEET-UG and PG admission portal to the University.
5. In the said petition on 14.07.2025, the University filed an application being CM APPL.41121/2025 seeking inter alia interim direction against NMC and MCC to not to include MBBS courses for 'Hamdard Institute of Medical Sciences & Research' [hereinafter, 'HIMSR'] under the University in NEET UG-2025 for the academic year 2025-2026.
6. The notice in the said application was issued on 15.07.2025 and the application was re-notified for 17.07.2025 in the supplementary list. On 17.07.2025 the application was again re-notified for 18.07.2025 at 2:30 p.m. On 18.07.2025, the parties therein were heard at some length and the application was directed to be listed on 22.07.2025 for further arguments. However, the University, on 19.07.2025 preferred an intra-court appeal [LPA 455/2025] against the order dated 17.07.2025. The LPA 455/2025 was disposed of by the Division Bench, vide order dated 21.07.2025, which reads as under:
"1. We have been informed by learned Senior Counsel representing the petitioner that acting on the complaint made by the petitioner/University, some decision has been taken by the National Medical Commission not to include any seat in the college concerned for MBBS course in the counselling which is scheduled to be held from tomorrow i.e. 22.07.2025. We have also been informed that yesterday seat matrix for the purpose of counselling for admission against MBBS seats was also declared by the Medical Counselling Committee wherein seats in college have not been included.
2. Apprehension, however, expressed by the learned Senior Counsel representing the petitioner is that since counselling is to take place in many rounds, the Commission or the Counselling Committee may open these seats to be opted in future round(s) of counselling.
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 25/08/2025 at 22:55:06
3. Put up at 02.30 PM today, to enable the learned counsel representing the National Medical Council and Medical Counselling Committee to seek instructions.
At 02.30 PM
1. Pursuant to our order passed in first half of the day, learned counsel representing the Union of India has produced before us, an e-mail communication dated 21.07.2025 sent by one Mr. Srinivas, ADGME, whereby it has been informed that on account of ongoing legal complications in Jamia Hamdard University-Appellant and Hamdard Institute of Medical Sciences and Research (HIMSR), the competent authority has decided not to include any seat from the college onto the seat matrix in the Academic Year-2025. The communication further states that no seat in the college is being added to the seat matrix and accordingly no allotment of students shall be made to the college. The e-mail dated 21.07.2025 tendered to the bench is taken on record.
2. At this juncture, learned counsel representing the National Medical Commission has stated that the issue relating to renewal of permission for admitting students in the HIMSR is pending, which is likely to be decided within a short span of time and depending on the said decision, the Union of India may be requested to alter the seat matrix for Academic Year-2025.
3. Since various issues between the parties are pending consideration before learned Single Judge, we provide, as is reflected from e-mail communication dated 21.07.2025, that so far as Academic Year-2025 is concerned, no seat in the college concerned shall be included in the seat matrix.
4. In case any decision about the renewal of the permission to the college to run the course is taken by National Medical Commission, the same shall be brought to the notice of the learned Single Judge in the proceedings of the writ petition and if the Commission intends to include any such seat of the college in the seat matrix, necessary leave of the learned Single Judge shall be sought.
5. We have also been informed that the matter before the learned Single Judge is listed for tomorrow i.e. 22.07.2025 for disposal of some interim application. The issued raised in the interim 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 25/08/2025 at 22:55:06 application stands satisfied by the order being passed today by us. We have also been informed that the main matter is listed on 24.07.2025. Accordingly, we direct that counter affidavit, if any, by the respondents shall be filed by 23.07.2025. Rejoinder by the petitioner may be filed by the next fixed i.e. 24.07.2025.
6. We also permit the college i.e. HIMSR to file affidavit by 23.07.2025 after serving a copy thereof upon all the learned counsel representing the parties who may file their responses to the said affidavit by 24.07.2025.
7. We request the learned Single Judge to consider the impleadment application moved by HIMSR on the next date fixed as also the main application moved by the petitioner for grant of interim relief.
8. We make it clear that no further time shall be made available to the respondents to file their responses in the proceedings of the writ petition and learned Single Judge is again requested to make an endeavour to decide the impleadment application as also the application for interim relief moved by the petitioner on the basis of whatever material is available before the Court on 24.07.2025.
9. With the aforesaid observations and directions this LPA stands disposed of.
10. We make it clear that any observation made by us in this order shall not be construed to be a reflection on the merit of the respective claims of the parties."
7. Pursuant to above, on receipt of communications from the University seeking withdrawal of affiliation to HIMSR, as well as, communication from HIMSR opposing such a request, the Under Graduate Medical Education Board [hereinafter, 'Board'] vide order dated 23.07.2025 decided not to grant renewal of 150 UG (MBBS) seats to HIMSR for the academic year 2025-2026. The said decision was communicated to the University vide communication dated 24.07.2025.
8. It is mentioned in the order dated 23.07.2025 that in case the college/institution is not satisfied and aggrieved with the decision of the 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 25/08/2025 at 22:55:06 Board, it may prefer an appeal before the NMC under Section 9 of the Maintenance of Standards of Medical Education Regulations, 2023 [hereinafter, 'Regulations']. The relevant excerpt of order dated 23.07.2025 reads thus:
"Therefore the National Medical Commission, after considering the communications received from the University regarding the alleged irregularities and misuse of name of its constituent institution namely HIMSR by the unauthorized persons not connected to the affairs of Jamia Hamdard and persons not appointed as ''Principal/ Dean of the HIMSR and further regarding the withdrawal of all earlier letters of consent for running MBBS and MS/MD programs at HIMSR for the academic year 2025-26 and pursuant to a decisions made in the NMC meeting dated 22.07.2025, the Under Graduate Medical Education Board, has decided not to grant renewal of 150 UG (MBBS) seats to HIMSR for the academic year 2025-26 in order to safeguard the academic and career prospects of the students.
If the college / Institution is not satisfied and aggrieved with the decision of the Board, you may prefer an appeal before the Commission under Section 9, Chapter IV of the Maintenance of Standards of Medical Education Regulations 2023 (MSMER 2023) within Sixty (60) days of the issue of this letter."
(emphasis supplied)
9. It is the case of the University that against aforesaid order, the respondent no.2 i.e. Prof. Musharraf Husain, who is the suspended employee of HIMSR has preferred an appeal dated 31.07.2025 before NMC, which is illegal. Therefore, prayer is made to issue a writ of prohibition against NMC to not adjudicate or entertain the said appeal filed by a suspended employee.
10. Mr. Sanjay Sharawat, learned Senior Counsel appearing on behalf of the University, at the outset, submits that the respondent no.2, who is a suspended employee of HIMSR, has no authority to prefer an appeal, as no person can file any appeal in relation to HIMSR apart from the University.
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 25/08/2025 at 22:55:06
11. He further submits that though as an interim relief, a prayer is made to prohibit NMC to entertain or adjudicate the appeal dated 31.07.2025 preferred by respondent no.2 till the pendency of present petition, however, considering that the Board has passed the order dated 23.07.2025 on the representation of the University, this Court may pass an order directing NMC to at least hear the University before disposing of the appeal.
12. On a query posed by the Court as to the maintainability of the present petition, Mr. Sharawat places reliance on the decision of Hon'ble Supreme Court in S. Govinda Menon vs. Union of India and Anr., 1967 SCC OnLine SC 66, specifically on para 5 thereof, which reads as under:
"5. The jurisdiction for grant of a writ of prohibition is primarily supervisory and the object of that writ is to restrain courts or inferior tribunals from exercising a jurisdiction which they do not possess at all or else to prevent them from exceeding the limits of their jurisdiction. In other words, the object is to confine courts or tribunals of inferior or limited jurisdiction within their bounds. It is well settled that the writ of prohibition lies not only for excess of jurisdiction or for absence of jurisdiction but the writ also lies in a case of departure from the rules of natural justice (See Halsbury's Laws of England, 3rd Edn., Vol. 11, p. 114). It was held for instance by the Court of Appeal in King v. North1 that as the order of the Judge of the Consistory Court of July 24, 1925 was made without giving the vicar an opportunity of being heard in his defence, the order was made in violation of the principles of natural justice and was therefore an order made without jurisdiction and the writ of prohibition ought to issue. But the writ does not lie to correct the course, practice or procedure of an inferior tribunal, or a wrong decision on the merits of the proceedings. It is also well established that a writ of prohibition cannot be issued to a court or an inferior tribunal for an error of law unless the error makes it go outside its jurisdiction (See Regina v. Comptroller General of Patents and Design) and Parisienne Basket Shoes Proprietary Ltd. v. Whyte. A clear distinction must therefore be maintained between 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 25/08/2025 at 22:55:06 want of jurisdiction and the manner in which it is exercised. If there is want of jurisdiction then the matter is coram non judice and a writ of prohibition will lie to the court or inferior tribunal forbidding it to continue proceedings therein in excess of its jurisdiction."
13. In view of the above, issue notice. Mr. T. Singhdev, learned counsel appearing on behalf of respondent no.1/NMC accepts notice. Likewise, Mr. Saket Sikri, learned counsel appearing on behalf of respondent no.2 also accepts notice.
14. Mr. Rajiv Nayar, learned Senior Counsel appearing on behalf of respondent no.2 submits that giving direction to NMC as sought will be in teeth of the Regulations, which do not prescribe any such procedure.
15. Likewise, Mr. T. Singhdev, learned counsel appearing on behalf of NMC submits that appeal preferred by respondent no.2 shall be considered by the NMC in accordance with law.
16. Section 8 of the Regulations provide for the penalties that can be imposed by the Board, which includes stoppage of admission to one or more of the courses in the next or subsequent academic years.1
17. Section 9 of the Regulations provide for the remedy of appeal before the NMC against any order that is passed under the Regulations. Section 9 reads thus:
"9. Appeal to NMC A medical college or medical institution or any such aggrieved person may file an appeal before the Commission with an appropriate fee as specified against any order. Provided, such an appeal is filed within sixty days of passing of such an order or lapse of time, as the case may be."1
Section 8(2)(g) of the Regulations.
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 25/08/2025 at 22:55:06
18. Prima facie, it appears that the petitioner has not questioned the jurisdiction of NMC to entertain an appeal, rather the grievance articulated is with regard to the locus and authority of respondent no.2 to prefer an appeal against the order of Board.
19. The law is well settled that an appeal is a creature of the statute and thus, the right of appeal can be exercised only by the person permitted by the statute. Any opinion expressed by this court, even prima facie, on the competence or authority of respondent no.2 to maintain an appeal is likely to pre-empt the decision of the Appellate Authority [NMC].
20. Insofar as prayer of Mr. Sharawat to pass an interim order directing NMC to at least hear the University before disposing of the appeal is concerned, to be noted, no prayer to this effect has been made in the present petition. Further, on a specific query posed by the Court to Mr. Sharawat as to whether the petitioner has approached the NMC with a similar request, his answer is in negative. At this stage, this Court cannot presume as regards the procedure which the Appellate Authority will adopt or that it will grant no hearing to the University, therefore, such a prayer is pre-mature.
21. Let counter affidavit/reply be filed within two weeks. Rejoinder thereto, if any be filed, before the next date.
22. Renotify on 10.09.2025.
VIKAS MAHAJAN, J AUGUST 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 25/08/2025 at 22:55:06