Court reaffirmed the necessity of timely processing applications for educational seat enhancements, emphasizing adherence to statutory timelines under the National Medical Commission Act.

Order :

SUNIL BENIWAL, J.

1. Heard on stay application.

2. The petitioners have preferred the present writ petition with the following prayers:-

(i) The respondents may kindly be directed to allow the scheme for increase of seats from 200 to 250 for UG Course in academic session 2025-2026 under the guideines and regulations of 2023 and grant the same to the petitioner for the Academic Sessions 2025-26.

(ii) The order/communication dated 16.09.2025 may kindly be declared illegal to the extent of not granting 50 seats (i.e. 250 seats) and the same may kindly be quashed with all consequential directions.

(iii) The order dated 11.10.2025 (Annex.27) as well as order dated 12.11.2025 (Annex.30) may kindly be quashed and set aside.

(iv) The respondents may kindly be directed to allow the petitioner to participate in counselling to be conducted by the respondent No.5 (State Counselling Board) for the academic session 2025-26 with intake capacity of 250 U.G. M.B.B.S. seats.

2. Learned Senior Counsel Mr. M.S. Singhvi, assisted by Mr. Hemant Ballani and learned Senior Counsel Mr. Vikas Balia, assisted by Mr. Sudhanshu Kalla, appearing on behalf of petitioners, submit that the petitioners were granted permission to establish MBBS College with intake capacity of 150 seats from the Academic Session 2014-15 by the respondents vide order dated 15.07.2014. The permission for undertaking Post-Graduate Course was granted with an intake capacity of 96 seats in 12 departments in the Academic Year 2021-22, which was enhanced to 150 seats for the Academic Year 2024-25. It is submitted that on 19.12.2024, National Medical Council (MARB) issued public notice inviting applications for the establishment of new colleges for MBBS Course and revise intake capacity of existing colleges. Pursuant to the said public notice, the petitioners applied for enhancement of U.G. Seats from 150 to 250 for the Academic Year 2025-26 on 18.01.2025. The applications filed by the petitioners seeking enhancement of the seats were partly allowed by order dated 16.09.2025, whereby the intake capacity was enhanced from 150 seats to 200 seats instead of 250 seats as sought by the petitioners. Being aggrieved of the same, the petitioners preferred an appeal on 17.09.2025 under Section 28 (5) of the National Medical Commission Act, 2019 (for short, ‘the Act of 2019’). The appeal filed by the petitioners came to be decided on 11.10.2025. Against the said order, the petitioners preferred second appeal on 13.10.2025 and the petitioners were heard on 22.10.2025 and the second appeal came be dismissed by the impugned order date 12.11.2025.

3. Learned Senior Counsel Mr. Singhvi, while arguing the stay application, made the following submissions:-

(i) The original application, first appeal and the second appeal were purposefully decided after inordinate delay and the impugned order has been passed on 12.11.2025 at the time when the counseling is over and the mop-up round is going on. The very purpose of delaying such proceedings was to frustrate the cause of the petitioners.

(ii) The petitioners fulfilled all the requisite norms to have an intake capacity of 250 undergraduate seats for MBBS Course, however, the deficiencies of not having clinical material, the petitioners have been denied enhancement of balance 50 seats.

(iii) If the interim order as prayed for is not granted and the petitioners are not allowed to have additional intake capacity of 150 seats, as desired, the very purpose of filing the writ petition would be frustrated.

(iv) The petitioners have invested crores of rupees in establishing infrastructure and as held by the Hon’ble Apex Court, the infrastructure, if established is not p