Ideal Institute Of Medical Science v. Union Of India & ORS.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12925/2024, CM APPL. 53912/2024 & CM APPL. 53913/2024 IDEAL INSTITUTE OF MEDICAL SCIENCE .....Petitioner Through:

Mr. Kumar Shashank, Mr. Nivesh Kumar, Mr. Piyush Tonk, Advocates versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Mukul Singh, CGSC with Ms. Ira Singh, Mr.

Utsav Pokhriyal, Advocates for R-1.

Mr. T. Singhdev, Mr. Bhanu Gulati, Mr. Aabhaaj Sukhramani, Advocates for R-2 & 3/NMC

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.09.2024 1.

The Petitioner's grievance arises from the communication dated 4th July, 2024, whereby the National Medical Commission (NMC), Medical Assessment and Rating Board (MARB), has conveyed their disapproval on the Petitioner's application for the establishment of a new medical collegebeing Ideal Institute of Medical Science-for the Academic Year 2024-25 under Sections 28(3) of the National Medical Commission Act, 20191. The Petitioner's first appeal before the Appellate Committee has also been rejected, as communicated to the Petitioner through order dated 7th August, 1 "the Act"

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 04/07/2025 at 02:01:41

2024.

2.

The Petitioner has now preferred a second appeal before the Central Government under Section 28 (6) of the Act. It is pointed out that the Petitioner had filed the appeal on 17th August, 2024, and under the statute, the same has to be decided within a period of 45 days. However, counsel for Petitioner expresses urgency, stating that the third round of counselling is to commence at the end of this month, and therefore, if the decision is not rendered expeditiously, the Petitioner's legal remedy of appeal would be frustrated.

3.

Accordingly, the present petition is disposed of with a direction to Respondent No. 1 to decide the Petitioner's appeal positively by 25th September, 2024. In the event, the decision is adverse to the Petitioner's interest, they shall be free to take recourse to appropriate remedies as available in accordance with law.

4.

The Court has not examined the merits of the case. All rights and contentions of the parties are left open.

5.

With the above directions, the present petition is disposed of. SANJEEV NARULA, J SEPTEMBER 13, 2024/ab 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 04/07/2025 at 02:01:41