National Medical Commission v. National Capital Region Institute of Medical Sciences

Delhi High Court · 04 Sep 2025 · 2025:DHC:7763-DB
Devendra Kumar Upadhyaya; Shalinder Kaur
LPA 563/2025
2025:DHC:7763-DB
administrative appeal_allowed

AI Summary

The Delhi High Court directed the National Medical Commission to conduct a fresh inspection and decide on MBBS admissions for 2025-26, ensuring compliance with statutory norms without affecting ongoing CBI investigations.

Full Text
Translation output
LPA 563/2025
HIGH COURT OF DELHI
Date of Decision: 04.09.2025
LPA 563/2025 & CM APPL. 55751-54/2025
NATIONAL MEDICAL COMMISSION .....Appellant
Through: Mr. Kirtiman Singh, Sr. Adv.
WITH
Mr. T. Singhdev and Mr. Bhanu Gulati, Advs.
VERSUS
NATIONAL CAPITAL REGION INSTITUTE OF MEDICAL SCIENCES & ORS. .....Respondents
Through: Mr. A.K. Gautam, Ms. Ankita Gautam, Mr. Harsh Gautam, Mr. Ravi Mehrotra, Mr. Nitin Juyal and Mr. Keshav Pratap Singh, Advs.
Ms. Radhika Bishwajit Dubey, CGSC
WITH
Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay and Mr. Saksham Sharma, Advs. for R-3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE SHALINDER KAUR DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)
JUDGMENT

1. Heard the learned counsel for the parties.

2. In similar circumstances, by means of an order passed today, we have disposed of LPA 564/2025 arising out of an order dated 22.08.2025 passed by the learned Single Judge in W.P.(C) No. 10890/2025.

3. The instant LPA as also the W.P.(C) 12194/ 2025 are, therefore, disposed of with the following directions:

I. The National Medical Commission shall satisfy itself by securing another inspection report from the Expert Committee by 09.09.2025 and thereafter shall take appropriate decision as to whether the petitioner – institution is to be permitted to take the intake of MBBS students for the academic session 2025-26.

II. If the National Medical Commission is satisfied about the compliance of the statutory norms, it shall ensure that adequate number of students strictly as per merit are provided for admission against the sanctioned seats by the body/ authority conducting the counselling.

III. We also clarify that the direction contained in this order shall have no bearing on the FIR registered by the CBI and the proceedings on the basis of the said FIR shall independently be carried out in accordance with law.

IV. At this juncture, learned senior counsel for the appellant Commission has stated that at least 10 days’ time be granted for ensuring compliance of this order for the reason that 5th, 6th and 7th September, 2025 are holidays. Ordinarily, we would have acceded to such a prayer being made by the learned counsel representing the appellant–Commission, however, considering the fact that the second round of counselling is to commence on 10.09.2025, we have passed the directions as above. We also direct that all the authorities, including the panel of experts shall cooperate with each other to ensure timely compliance of this order.

4. There shall be no order as to costs.

DEVENDRA KUMAR UPADHYAYA, CJ SHALINDER KAUR, J SEPTEMBER 04, 2025 N.Khanna