Delhi HC quashes order directing Jamia Hamdard university to grant consent of affiliation for 150 MBBS seats
Delhi High Court
New Delhi: Setting aside an order by the trial court in a case involving a dispute over 150 MBBS seats at Hamdard Institute of Medical Sciences and Research (HIMSR), the Delhi High Court bench recently clarified that an executing court cannot exceed its jurisdiction to interpret an arbitration award or impose statutory obligations on a non-party.
With this observation, the HC bench declared the order directing Jamia Hamdard Deemed to be University to issue a consent (Consent of Affiliation) for 150 MBBS seats as invalid.
Accordingly, on December 17, a division bench of the High Court comprising Justices Anil Jhettarpal and Harish Vaidyanathan Shankar set aside the December 8, 2025, order by a single bench of the High Court directing Jamia Hamdard to grant consent for affiliation in favour of Hamdard Institute of Medical Sciences and Research (HIMSR) within seven days.
Live Law has reported that the HC bench observed that it is a settled principle that the Executing Court can only enforce the decree or order which it is called upon to execute and cannot go beyond its scope and create new rights or obligations.
The matter concerns 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However, later the affiliation was withdrawn by Jamia Hamdard, citing objections from the statutory bodies such as the UGC and the National Medical Commission (NMC).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 bench was considering the legal question of whether an executive court can give directions to a non-party under Section 17 of the Arbitration and Conciliation Act, 1996 and whether it can decide the validity of statutory decisions such as withdrawal of affiliation.
It was argued by Jamia Hamdard that the Executive Court exceeded the scope of the arbitration order by imposing a “positive obligation” and ordering the issuance of a fresh consent letter. Further, the University contended that the issue of affiliation and regulatory compliance fell within the statutory scope of the NMC and UGC Acts and cannot be resolved through arbitration or execution proceedings.
Further, the bench clarified that even though Jamia Hamdard was not a party to the arbitration, its filing of an appeal was allowed under the Code of Civil Procedure, as the Arbitration Act does not provide for any separate mechanism for execution in such cases.
Accordingly, the Court 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.
At this outset, the Court also underlined that the validity of MoU was to be determined under statutory frameworks such as the UGC and NMC, and could not be decided by an executive court. The court remarked that what cannot be done directly cannot be done indirectly, especially considering the availability of statutory appellate remedies.
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.
Medical Dialogues had earlier reported that the Medical Counselling Committee (MCC) released the tentative list of medical colleges and MBBS seat matrix for NEET 2025 counselling. According to the notification, altogether 775 medical colleges across 35 States and Union Territories will participate in the undergraduate medical admission process this year.
MCC released the seat matrix after the National Medical Commission (NMC) provided the tentative seat matrix for the First Round of MBBS seats for medical colleges across the country via an email dated 17.07.2025.
However, what was shocking was that in the tentative seat matrix (MBBS) for the academic year 2025-2026, zero (0) seats were allotted to nine institutes. The list also included Delhi-based Hamdard Institute of Medical Sciences and Research (HIMSR).
After this, HIMSR issued a clarification mentioning that the issue was linked to an ongoing contentious issue between Jamia Hamdard and HIMSR, which is currently sub-judice. Further, the college had also urged students, parents, and well-wishers to remain calm and avoid speculation.
Consequently, HES issued a rebuttal after the news report claimed MBBS and PG seats were scrapped at the institute and CAG had flagged financial irregularities. In the recent notice, HES mentioned that the rebuttal was issued in the interest of public accountability, institutional transparency, and legal clarity.
