$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 18.03.2026 Judgment pronounced on: 20.03.2026 + W.P.(C) 2957/2026 & CM APPL. 14218/2026 REMIKA DEVI .....Petitioner Through: Dr. Alakh Alok Srivastava and Mr. Arpit Dangi, Advocates versus NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES AND OTHERS .....Respondents Through: Ms. Ruchira Gupta, Ms. Sumriddhi Agrawal, Ms. Yashika Sharma, Mr.

Mohtisham Ali, Advocates for R1 Mr. Vikrant Nilesh Goyal, Ms.

Laavanya Kaushik, Ms. Khyaati Bansal, Advocates for R2-4 + W.P.(C) 3194/2026 & CM APPL. 15332/2026 SHUBHAM .....Petitioner Through: Dr. Alakh Alok Srivastava and Mr. Arpit Dangi, Advocates versus NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES AND OTHERS .....Respondents Through: Ms Ruchira Gupta, Ms Sumriddhi Agrawal, Ms Yashika Sharma, Mr. Mohtisham Ali, Advocates for R1 Mr. Vikrant Nilesh Goyal, Ms.

Laavanya Kaushik, Ms. Khyaati Bansal, Advocates for R2-4 CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

1. The present writ petitions have been filed by the petitioners under Article

226 of the Constitution of India seeking to declare the petitioners eligible for Sponsored Post MBBS Diplomat National Board (“SPMD”) Seats Counselling for 2025 admission session and allot Sponsored Post MBBS DNB Seats commensurate to the ranks of the petitioners.

FACTUAL BACKGROUND

2. The petitioners, Ms. Remika Devi (“petitioner No. 1”) and Mr. Shubham (“petitioner No. 2”), are medical practitioners and have completed their MBBS in the year 2022.

3. The petitioner No. 1 joined the Government of Meghalaya as a Medical Health Officer, on 07.12.2022. The petitioner No. 2 joined Bharat Coking Coal Limited as a Senior Medical Officer on 06.01.2025 and both the petitioners continue to serve in such capacity.

4. With the intention of pursuing post graduate medical courses, the petitioners appeared in NEET- PG 2025 examination bearing Roll Number 256611466887 and 25661162465 respectively. The petitioners secured All India Rank of 33,017 and 58,970 respectively.

5. Thereafter, the Counselling for NEET PG was to be conducted in accordance with the Information Bulletin and Counselling Scheme issued by the respondent No. 2, namely, Medical Counselling Committee. In the similar manner, a centralised merit based online counselling for admission to the SPMD Seats for Academic Session 2025 was conducted in terms of the Handbook issued by the respondent No.1.

6. In the first round of Counselling, the petitioner No.1 was allotted seat under Diplomat National Board quota for National Board of Examination in Medical Sciences (“NBEMS”) Anaesthesiology Programme in Imambara District Hospital, Hoogly, West Bengal, vide Provisional Allotment Letter dated 21.11.2025. The petitioner No. 1 reported at the allotted institution and deposited the requisite fee and completed the admission formalities. As per the extant rules the petitioner No. 1 opted for upgradation to participate in the second round of Counselling and was allotted a seat in NBEMS-Diploma in Anaesthesiology Programme in Jagjivan Ram Railway Hospital, Mumbai, Maharashtra vide Provisional Allotment Letter dated 16.12.2025.

7. The petitioner No. 1 did not report to the seat allotted in the second round of the Counselling process and participated in the third round of Counselling. However, no seat was allotted to the petitioner No. 1 in the third round of Counselling. Thereafter, the petitioner No. 1 participated in the Stray Vacancy Round (“SVR”).

8. The petitioner No. 2 did not participate in the Counselling conducted by the respondent No. 2 in the first three rounds. However, owing to the delay in process related to SPMD Seats the petitioner No. 2 submitted his preferences for participation in the SVR.

9. On 20.02.2026 the respondent No. 1 published a provisional list of candidates eligible to participate in the Counselling process for SPMD Seats for the Academic Session, 2025. In the said list, the petitioner No. 1 secured rank 16 and the petitioner