NATIONAL MEDICAL COMMISSION vs INDEX MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 04.09.2025 % LPA 564/2025 & CM APPL. 55755-58/2025 NATIONAL MEDICAL COMMISSION .....Appellant Through: Mr. Kirtiman Singh, Sr. Adv. with Mr. T. Singhdev and Mr. Bhanu Gulati, Advs. versus INDEX MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE & ORS. .....Respondents Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Kaushal Gautam, Ms. Snehpreet Kaur and Mr. Hemendra Jain, 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) 1. This intra-Court appeal has been preferred under Clause X of the Letters Patent taking exception to an order dated 22.08.2025 passed by the learned Single Judge whereby while inviting affidavits to be filed by the parties, the learned Single Judge has directed the respondents in the writ LPA 564/2025 Page 1 of 13 Signature Not Verified Signed By:SHAILNDRA KUMAR Signing Date:05.09.2025 09:32:01 petition to allow the petitioner – institution (respondent No.1 herein) to participate in the ongoing NEET-UG counselling for admission in the academic session 2025-26, and further that the name of the institution shall be included in the list of colleges as per the sanctioned intake capacity, forthwith. 2. The appellant – National Medical Commission is a statutory body constituted under Section 3 of the National Medical Commission Act, 2019 (hereinafter referred to as the Commission Act, 2019), whereas the respondent No.1 is an institution which imparts medical education in allopathic system of medicine leading to award of undergraduate medical degree (MBBS). 3. The petitioner – institution has filed W.P.(C) No. 10890/2