DR B S KUSHWAH INSTITUTE OF MEDICAL SCIENCES vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ J-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on: 08.11.2025 + W.P.(C) 14821/2025 & CM 62984/2025 DR B S KUSHWAH INSTITUTE OF MEDICAL SCIENCES .....Petitioner Through: Mr. Vikas Singh, Senior Advocate with Mr. Ashutosh Thakur, Ms.Deepika Kalia, Mr. Sudeep Chandra, Mr. Abhishek Pandey, Mr. Chandra Pratap, Mr. Amit Kumar and Mr.Ritesh Singh, Advocates versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Mukul Singh, CGSC with Mr.Adhiraj Singh, GP, Ms. Ira Singh and Mr. Aryan Dhaka, Advocates for R-1. Mr. Kirtiman Singh, Senior Advocate with Mr. T. Singhdev, Mr. Bhanu Gulati and Mr. Sourabh Kumar, Advocates for R- 2. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J 1. The present writ petition was filed by the petitioner institute initially seeking direction to respondents to grant permission to petitioner institute to increase 100 MBBS UG seats i.e., from 150 to 250 for the Academic Year 2025-26. It was consequently prayed that Signature Not Verified ARUNA KANWAR W.P.(C) 14821/2025 Page 1 of 35 09.11.2025 13:48:13 petitioner institute be allowed to participate in the ongoing UP-NEET counselling for the increased intake of 100 UG MBBS seats. 2. During the pendency of the writ petition, the respondent no. 3 i.e. Medical Assessment and Rating Board (hereinafter referred to as ‘MARB’) vide Letter of Disapproval (hereinafter referred to as ‘LoD’) dated 24.09.2025 disapproved the application of the petitioner institute for increase of sanctioned intake capacity of MBBS Course of 100 seats from 150 to 250 seats for Academic Year 2025-26. 3. Accordingly, petitioner institute filed the amended writ petition inserting Clause (c) in the prayer: “(a) Issue appropriate directions/writs or a writ in the nature of mandamus to the responden