'1 . Mediciti lnstitute of lt/edical Sciences (MIMS) v. The Union of lndia

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd Respondent in disposing the '1st Appeal filed by the petitioner against the Letter of Disapproval dated 13-10-2025 vide letter No. N-220111117/2025-Ass Cell/MARB (8342549) of the 21d Respondent i.e. Medical Assessment and Rating Board (MARB) of NMC by refusing application off the Petitioner for increase of seats in Under Graduate Medical Courses (MBBS) in the Petitioner lnstitution for the acarlemic year 2025- 26 despite knowing that admissions will be closed by 20-11 2025, as illegal, unjust, arbitrary, discriminatory and violative of Articlesl4, 16 and 19 (1) (g) of the Constitution of lndia and consequently direct the 3rd Respondent to dispose the 1st appeal filed by the petitioner institution on 17.10.2025 against the Letter of Disapproval dated '13-10-2025 of the 2nd Respondent i.e. MeCical Assessment and Rating Board (MARB) for increase of seats in Under (lraduate tvledical Courses (MBBS), as early as possible. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the 3rd Respondenl to dispose the 'tst appeal filed by the petitioner institution on 17.10.2025 against the Letter of Disapproval dated 13-10.'2025 of the 2nd Respondent i.e. Medical Assessmenl and Rating Board (MAF:3) for increase of seats in Under Graduate Medical Courses (MBBS) within a week pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI RAJA RIPATHI RAO, SENIOR COUNSEL ON BEHALF OF SRI SRINIVASA RAO PACHWA Counsel for the Respondent Nos.'l to 3: SRI N. BHUJANGA R,AO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.4:-- The Court made the following: ORDER I I 93/ HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA IIIRIT PETITION No. 33668 OF 2025 ORDER: The 1st petitioner is a medical institution established and administered by the 2nd petitioner, a registered society, duly recognized by the National Medical Commission and affiliated to Kaloj i Narayana Rao University of Health Sciences, Warangal. The institution has been conducting MBBS course with an annual intake of 150 students and claims to possess the necessary infrastructure, faculty strength, hospital facilities and clinical material in compliance with the norms prescribed by the NMC. 1 . 1. It is stated, on 18.O I .2O25, an Application was submitted to the 2nd respondent seeking enhancement of intake capacicy from 15O to 20O MBBS seats for the academic year 2025-26. The Application was accompanied by ali necessary enciosures, including Consent of Affiliation (COA) issued by the affiliating universit5r and other supporting documents relating to infrastructure, teaching staff and hospital facilities. In June 2025, tlr,e 2.d respondent issued a notice directing petitioners to submit a fresh COA on the ground that the one already submitted was deemed to have been used previously. Petitioners replied clarifying that COA furnished with the Application was 2 valid for the academic year 2025-26. However, by lctter dated

31.O8.2O25. rl'trich u,as received by petitioners on ?-9.O9.2025, thr' 2nd resp, rndent rciteratecl the demand for a fresh COA.

1.2. Petitioncrs state that they .complied \,r,ith thc direction by furnishing a fresh COA obtained from tlte affiliating universit-v a nd resubmitted all the required documents on

30.O9 .2025 , including a detailed explanation and compliance report addressing each of the queries raised by thr: NMC. It is asserted that the institution met all the statutory and regulatory requrrcm0nts and there was no deficiency warranting disapproval Nevertheless, on 13.1O.2O25, the 2"d respondent issued a I-etter of Disapprovai rcjecting the request for enhancement of seats, citing alleged deficiencies relating to facult5r attcndirnce, adequacy of clinical material, avaiiability of cadaver bodies and infrastructure of the forensic medicine department. Petitioners received the said letter on 15.10.2025. I According to them, the alleged deficiencies were factually incorrect and the institution was in full compliance with all applicable rlorms.

1.3. Aggrieved thereby, petitioners preferred a statutory appeal on 17.IO.2O25 before the 3rd respondent under Section 28(5) of thr: National Medical Commission Act, 2019, by e mail at 12:48 PM on 17 .1O.2O25 along with a comprehensive .:.: l!. ::', -.-t compliance report and supporting documents. On 23.10.2025., the NMC Secretariat informed by e mail at 72'.48 PM that certain attachments could not be opened, and petitioners promptly re-submitted the entire set of documents by e mail at 3: lO PM on the same day. Despite such compliance, the 3.d respondent has not taken any action or disposed of the Appeal. | .4 . Petitioners contend that the inaction of the 3.d respondent is arbitrary and contrary to the principles of natural justice, particularly in view of the time-sensitive nature ol the issue. It is stated, the last date for completion of admissions to undergraduate medical courses for the academic year 2025-26 is 20.1I.2O25, as per the directions of the Hon'ble Supreme Court in Ashish Ranjo,n as. Union oJ India (20i6) 1l SCC 225), which mandates strict adherence to the academic calendar. It is contended that unless the Appeal is disposed of immediately, petitioners institution will lose the opportunity to admit students under the enhanced intake for the current academic year.

2. Heard Sri Raja SripatJri Rao, learned Senior Counsel on behalf of Sri Srinivasa Rao Pachwa, learned counsel for petitioners and learned Deputy Solicitor General on behalf of the Respondents I to 3 and with their consent, the Writ Petition is taken up for hearing ald disposal at the admission stage. .+

3. This Court has carefully examined the rnaterial on record. It is not in dispute that petitioners' Apg,lication for enhancement !\,.1s hled on 18.O1.2025, all compliance documents u'r:rc submitted <-rn 3O.O9.2025, Letter of I)isapproval was issued on 13.10.2025 and received on 15.1O.2025, and statutory appeal was preferred on 17 .lO.|2O25 and supplementcd on 23.10.2025. The said Appeal continues to remain pending before the 3.d respondent withor-rt any linal decision.

4. Section 28(5) of the National Medical Commission Act, 2019 provides for a statutory Appeal against any order of disapproval issued by the Medical Assessment and Rating Board. The said provision obiigates the Appellate Authority to examine such Appeal and pass appropriate orders expeditiously. The purpose ()f this statutory mechanism is to ensure fairness and accountrrbilify in decision-making and to provide an opportunitl firr correction of administrative errors before the commencernent of the academic session.

5. 'l'he Hon'ble Supreme Court in National Medical Commission v. Maduri Sewa Nyas (SLP (C) No. I1i865 of 2025, daterl 21.O7.2O25) has held that decisions of the NMC must be based on objective and verifiable parameters arrd that mere I I .''..;, .:. -4 :a: -.:l .!, I j pendency of administrative or coliateral issues cannot be treated as a valid reason for denial or delay in granting permission when the institution other-wise fulfiis the prescribed norms. The Court emphasized that transparency, consistency and adherence to timelines are integral to maintaining the integrity of the medical education process.

6. A Division Bench of this Court in Writ Appeal No. iO07 ol 2025 dated 10.09.2025, while dealing with a similar issue, directed the NMC to dispose of the Appeal Iiled by another medical college within ten days, taking note of the binding time schedule prescribed by the Hon'ble Supreme Court in Ashish Ranjan (supral. The Division Bench further observed that where institutions have made timely compliance and rectihed deficiencies, NMC must adopt a consistent and fair approach in adjudicating their appeals.

7. In light of the above precedents and the undisputed factual position, this Court is of the view that petitioners' grievance can be redressed by directing tie 3'd respondent to consider and decide the pending statutory Appeal without further delay. The issue does not require adjudication on merits at this stage, as the limited prayer is for expeditious disposal of the Appeal filed under Section 28(5) of the Act. n { \ \ \ 6

8. Accordingly, this Writ Petition is disposr:d of with a (-\ I I direction to the 3.d respondent - Secretary, Natior-ral Medical Commission to consider and dispose of the First Appeal hled by petitioners ,rn I 7. lO.2O25 against the Letter of l)isapproval dated 13.1O.2025 issued by the 2nd respondent. The Appellate Authority shall aflord a reasonable opportunity o:' hearing to petitioners, take into account the compliance doc rments and. representations submitted and pass a reasonecl order in accordance rvith law on or before 17.11.2025. Whiie doing so, the 3.d respondent shall also be guided by the principles laid down by th e Hon'ble Supreme Court in Maduri Sewa lt[gas (supra) and Ashtsh Ranjan (supra) and by the Dir-jsion Bench of this Court in Writ Appeal No. 1OO7 of 2025. No cos;ts.

9. Consequently, Miscellaneous Appiicat:r>ns, if any shall stand closed. 1 SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY// to',. ,n" Secretary, The Union of hdia' Ministry of Health' Meciical and Family ' wl-'rtrr" rtr-iirnhn Bhavan New Delhi . ^ ilEoi"ar ge1Ti'-'l 2 ii ;' ffi ;;i;,v' 11" .i"riirttJi ' A-;;"ssill;;] ind Ratins Board' Pocket 14' sectc . ?frI5JJ..3?J,{, rhe National Medical c,jrmmission' Pocket 14' sector B' " il";i6. ihise - I l'tew Delhi -'110077 . . 4. The Resistrar, The ffi;[ib6;"Rao Universitv of Health Sciences" 5 b";;'iB 6 'in''sirirl.iil* Fachwa' Advocate, [oPlJClt 6 il; 6d i" s,i l't ahulans' Rao' Deputv solicit< 7. Two CD CoPies wiranqit. Telangana - 506007' of tndia topuc] 3i 8(m? liy"3r%1" - r, New TJ BS (1r \ t HIGH COURT CC TODAY DATED:0711112025 ORDER WP.No.33668 of 2025 -1 HE. SIA o () + 12 l{0\l ?!lt5 .6 -i I i I I I , t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \co{'r\ X*,