Srinagar, Oct 31, KDC: The High Court of Jammu & Kashmir and Ladakh has kept in abeyance a recent order by the National Medical Commission (NMC) that disapproved the college’s application to admit 150 MBBS students for the 2026-27 academic session.
The Court directed the NMC and its Medical Assessment and Rating Board (MARB) to revisit their decision and explicitly asked the regulatory body to explore the possibility of granting a “conditional permit” so the college can begin its intake this year.
A bench of Justice Mohd Yousuf Wani passed the interim directives while hearing a writ petition filed by Kashmir Medical College (A Unit of Mili Trust), which had sought the establishment of a new medical college at the Industrial Estate in Sempora, Srinagar.
The controversy stems from the college’s January 2026 application to the NMC seeking formal establishment. According to the petitioner college, the application was complete and backed by essentiality certificates, consent of affiliation, proof of a functional 650-bedded teaching hospital, and a registered faculty.
However, the MARB initially rejected the application on June 9, 2026, citing incomplete infrastructure. The petitioner argued that this rejection was rushed and done without conducting any physical inspection or granting the college an opportunity to rectify alleged deficiencies, which is a mandate under the National Medical Commission Act, 2019.
After exhausting its first appeal, the college approached the Ministry of Health and Family Welfare (the Second Appellate Authority). On August 24, 2026, the Ministry remanded the case back to the NMC, directing it to re-examine the documents. When the NMC allegedly failed to comply, the college approached the High Court.
Earlier this month, on October 5 and October 13, the High Court intervened and directed the authorities to conduct a physical inspection of the premises. Following the court-ordered physical inspection on October 14, the NMC’s MARB issued a detailed order on October 27, once again disapproving the college’s application.
Appearing for the petitioner, advocates Showkat Naqshbandi and Shivam Singh swiftly moved two fresh miscellaneous applications before the High Court, seeking to place the physical inspection report on record and stay the October 27 rejection. The petitioner’s counsel argued that the latest rejection order was passed “in utter breach of the law governing the field as also the principles of natural justice.” He contended that the NMC was under a statutory obligation to communicate any deficiencies found during the physical inspection and afford the college an opportunity to rectify them, which was allegedly not done.
Taking note of the submissions, Justice Wani stayed the NMC’s October 27 rejection order pending further hearings.
“In the meantime, subject to any vacation or modification upon the consideration of response/objections of the non-applicant/respondents and till further orders, the operation of the order dated 27-10-2026 passed by the non-applicant/respondent No. 3, is kept in abeyance with the direction to the non-applicants/respondents 2 and 3 to revisit/review the same,” the Court ordered.
“The non-applicants/respondents may also explore possibility of issuance of a conditional permit in favour of the applicant/petitioner-College, subject to some reasonable terms, so that the College is in a position to have the intake of its MBBS students for the current academic year 2026-27,” the court directed.
Meanwhile, the respondents have been granted liberty to file their objections by the next date of hearing, which is scheduled for November 11, 2026. (KDC)
