2026:BHC-AUG:4108-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 14330 OF 2025 WITH CIVIL APPLICATION NO. 139 OF 2026

1. Ajeet Seeds Private Limited, Through its Authorized Signatory, 2^nd Floor, Tapdia Terrace, Adalat Road, Chhatrapati Sambhajinagar, Maharashtra- 431001

2. Dr. Kananbala Yelikar, Dean, ASPL’s CSMSS Medical College & Hospital, Ajeet Seeds Private Limited Gut No. 59-61, Limbejalgaon Toll Plaza, Chhatrapati Sambhajinagar Pune Highway Limbejalgaon, Tehsil-Gangapur, Dist. Chhatrapati Sambhajinagar, ..Petitioners VERSUS

1. Union of India, Through Secretary, Ministry of Health and Family Welfare Nirman Bhavan, New Delhi – 110011

2. National Medical Commission Through Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi- 110077, India

3. Medical Assessment and Rating Board, Through Director, Under-Graduate Medical Assessment and Rating Board (UG-MARB), National Medical Commission

4. State of Maharashtra, Through Secretary, Medical Education and Drugs Department, Ministry of Medical Education, 9^th Floor, New Mantralaya, GT Hospital Complex, Lokmanya Tilak Marg, Mumbai, 400 001.

(2)

5. Maharashtra University of Health, through Registrar, Vani Road, Mhasrul, Nashik- 422004 …

Learned Senior Advocate for the Petitioner : Mr. V. D.Sapkal i/by Adv. V.A. Bagidya a/w Adv. Pratik Bhosale, Adv. Yash A.

Jadhav A.G.P. for respondent Nos. 4 & 5/State : Mr. P. S. Patil Advocate for Respondent No.1 : Mr. Ravi Bangar Advocate for Respondent No.2 : Mr. S. K. Kadam ….

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

RESERVED ON : JANUARY 19, 2026 PRONOUNCED ON : JANUARY 28, 2026 JUDGMENT : (PER SANDIPKUMAR C. MORE, J.) :-

1. Rule. Rule is made returnable forthwith. With consent of the rival parties, the Writ Petition heard finally at the stage of admission.

2. Petitioner No.1, who is a Private Limited Company operating one Hospital, has filed this Writ Petition through its Dean i.e. respondent No.2 for the following reliefs :- (A) Hold and declare that Regulation 6 of the 2023 Regulations made by Respondent No.2 is ultra vires Section 28 and 29 of the NMC Act, issued beyond the powers prescribed under Section 57(2) of the NMC Act and in violation of Articles 14 and

19 of the Constitution of India.

(3)

(B) Strike down Regulation 6 of the 2023 Regulations as being unconstitutional and uphold the mandate of Sections 28 and 29 of the NMC Act.

B-1) Issue a writ of mandamus, or a writ, order or direction in the nature of mandamus under Article 226 of the Constitution of India directing Respondent No.3 to process petitioner No.1’s application for academic year 2026-2027 which would be filed for establishment of ASPL’s CSMSS Medical College and Hospital under Section 28 of the NMC Act without relying upon Regulation 6 of 2023 Regulations.

B-2) During the pendency of the present writ petition direct respondent No.3, 4 and 5 to allow the petitioner No.1 to apply for establishment of ASPL’s CSMSS Medical College and Hospital under Section 28 of the NMC Act without relying upon Regulation 6 of 2023 Regulations.

B-3) Direct Respondent Nos. 3,4 and 5 to continue, during the pendency and till the disposal of the present writ petition, with the procedural steps as outlined in paragraph 54 of this petition and any other steps as may be prescribed under the NMC Act for the establishment of petitioner No.1’s ASPL’s CSMSS Medical College and Hospital for the academic year 2026-2027 without raising deficiency of the petitioner No.1 not being a Section 8 Company (4)

registered under the Companies Act, 2013.

B-4) Grant ad-interim relief in terms of Prayer clause B-2, B-3 and B-4.

(C) Issue a writ of certiorari, or a writ, order or direction in the nature of certiorari under Article 226 of the Constitution of India calling for records and quashing the impugned SCN issued by respondent No.3 in terms of Regulation 6 of 2023 Regulations as being unconstitutional and ultra vires Sections 28 and 29 NMC Act.

(D) Issue a writ of certiorari o