Supreme Court directs NMC to include 49 HIMSR PG medical seats in NEET PG counselling 2025
Supreme Court of India
New Delhi: Granting relief to the Hamdard Institute of Medical Sciences and Research (HIMSR), the Supreme Court has allowed adding 49 postgraduate medical seats at the institute for the NEET PG counselling for the academic year 2025-2026.
The apex court bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan issued specific directions in this regard to the National Medical Commission, which had earlier withdrawn the 49 MD seats at the institute based on purported letters of Jamia Hamdard (Deemed University).
Medical Dialogues had earlier reported on the ongoing conflict between HIMSR and Jamia Hamdard University. Allegedly, HIMSR is facing challenges due to the ongoing legal and administrative dispute between the founding family members which led to withdrawal of affiliation to HIMSR by Jamia Hamdard.
Last year, the Medical Counselling Committee (MCC), while releasing the tentative list of medical colleges and the MBBS seat matrix for NEET 2025 counselling, allotted zero seats to HIMSR.
Meanwhile, recently, the issue concerning the PG medical admissions to the instutute reached the Supreme Court and the counsel for the petitioners informed the bench that with effect from 29.01.2026, counseling for post-graduate(PG) students who have participated in the National Eligibility Entrance Test (NEET) Examination and have secured ranks would open insofar as the post-graduate courses of the respondent No.1/-University (Jamia Hamdard) are concerned vis-a-vis petitioner No.3/Institute of Medical Sciences.
It was therefore submitted that permission may be granted for the students who intend to study in the said Institute to be counselled with effect from 29.01.2026 onwards, and in terms of their merit secured in the NEET Examination.
Further, the counsel informed the top court bench that the consent of affiliation has not been issued by the University. However, having regard to the urgency in the matter, the counsel urged the Court to pass an appropriate order, bearing in mind that the counselling is imminent.
Meanwhile, the counsel for NMC submitted that if permission is granted for counselling, the Commission would abide by the order of the Court, subject to the result of the SLP.
After considering the arguments by the parties, the Apex Court bench noted that the reason as to why the plea was made by the petitioners was because the Consent of Affiliation has not been issued by the University.
"In the circumstances, we permit the students to be counseled for forty-nine PG seats in the petitioner No.3/Institute for the academic year 2025-2026," the Court ordered.
Accordingly, it directed NMC, "The NMC/respondent No.6 is directed to include these forty-nine seats in the seat matrix of the petitioner No.3-Institute so that the counseling of the eligible candidates could take place."
"We have passed the aforesaid order bearing in mind the interest of the eligible candidates or otherwise, as many as forty-nine PG seats in petitioner No.3/Institute will go waste if unfilled during the academic year 2025-2026," the Apex Court bench clarified.
The matter erupts from a 2019 Family Settlement Deed, which divided the institutions among various groups within the Hamdard family. As a result of this dispute, arbitration proceedings were initiated, and on August 12, 2025, Jamia Hamdard was directed by the arbitrator to provide all possible assistance to HIMSR regarding MBBS admissions, within the ambit of the law.
However, later the affiliation was withdrawn by Jamia Hamdard, citing objections from the statutory bodies such as the UGC and the National Medical Commission (NMC). Jamia Hamdard itself was not a party to the arbitration agreement.
Recently, the Executing Court in its order dated December 8, 2025 held that the withdrawal of the consent letter had frustrated the arbitration process. This violated the enforceable arbitration orders. Based on this, Jamia Hamdard was directed to issue the consent letter. However, this order was challenged by the University in the High Court.
The HC Division bench concluded that the order passed by the arbitrator was limited only to "cooperation within the scope of the law", and not an injunction or specific performance order for the issuance of affiliation. Therefore, the bench concluded that Order 21, Rule 32, CPC, was not applicable.
With these observations, the Delhi HC bench allowed the plea in favour of Jamia Hamdard University and set aside the single judge order passed on December 8, 2025. Accordingly, the University was relieved of the direction to grant affiliation for 150 MBBS seats to HIMSR.
According to the students, as a result of the feud between the medical college and Jamia Hamdard University, the examinations are getting postponed or altered without prior notice, sometimes only hours before they are scheduled. The students claimed that they faced psychological trauma due to such sudden, late-night announcements of cancellations within hostels.
To view the Supreme Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-himsr-324036.pdf
