NEET-PG : Supreme Court Directs NMC To Include 49 Seats Of HIMSR In 2025-26 Counselling Amid Jamia Hamdard Affiliation Dispute

The Supreme Court permitted counselling for 49 postgraduate medical seats at the Hamdard Institute of Medical Sciences and Research for the current academic year (2025–2026), despite the consent of affiliation not having been issued by Jamia Hamdard Deemed to be University.

A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan noted that counselling for postgraduate students who had appeared in NEET-PG and secured ranks was scheduled to open from January 29, 2026.

“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 counselling 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 Court stated.

The Court was dealing with an SLP filed by Asad Mueed and others who belong to one faction of the Hamdard family and are associated with the management of HIMSR. The petition challenges a Delhi High Court order that set aside the executing court's order directing the University to grant affiliation to HIMSR.

The case has its roots in a family settlement through which the Hamdard family split control of various institutions run under the Hamdard umbrella. Under the settlement, disputes arose regarding whether HIMSR functioned under Jamia Hamdard as a constituent institution or whether its management stood segregated under a different committee of the Hamdard National Foundation.

As part of these disputes, Jamia Hamdard withdrew the consent of affiliation for HIMSR, citing regulatory objections under the UGC Act and the UGC (Institutions Deemed to be Universities) Regulations, 2023. This led to a series of arbitration proceedings, execution petitions, and appeals before the Delhi High Court.

On December 17, 2025, the Delhi High Court had set aside an order of an executing court which had directed Jamia Hamdard to issue consent of affiliation, holding that the executing court had exceeded its jurisdiction and could not compel the university to act contrary to statutory regulations.

Thus, the petitioners approached the Supreme Court contending that counselling for NEET-PG candidates was set to commence from January 29, 2026, and that unless immediate directions were issued, all 49 postgraduate seats would go unfilled for the academic year.

It stated that students who intended to study at the institute should be permitted to participate in counselling in accordance with their merit in the NEET-PG examination. Given the imminent commencement of counselling, the petitioners sought urgent orders to prevent the seats from going vacant.

The National Medical Commission told the Court that if permission was granted for counselling, it would abide by the order of the Supreme Court, subject to the outcome of the special leave petition.

Taking note of the urgency of the matter, the Court permitted counselling for 49 postgraduate seats at the petitioner institute for the academic year 2025–2026. The Court directed the National Medical Commission to include these 49 seats in the seat matrix of the institute so that counselling of eligible candidates could take place.

Appearance –

For Petitioners - Mr. Rajiv Shakdher, Sr. Adv. Mr. Saket Sikri, Adv. Mr. Simran Mehta, Adv. Ms. Ekta Kalra Sikri, Adv. Mr. Kshitij Mudgal, Adv. Mr. Ajaypal Singh Kullar, Adv. Mr. Ansh Mittal, Adv. Mr. Priyansh Choudhry, Adv. Mr. Prakhar Khanna, Adv. Mr. Vikalp Mudgal, AOR

For Respondents – Mr. Sudhir Nandrajog, Sr. Adv. Mr. Shreyans Singhvi, Adv. Ms. Tanuja Singh, Adv. Mr. Deepak Goel, AOR Mr. Rajiv Kumar Virmani, AOR Mr. Shubham Pandey, Adv. Mr. Naimesh Gupta, Adv. 1 Mr. K. Parameshwar, Sr. Adv. Dr. Swaroop George, Adv. ` Mr. Takrim Ahsan Khan, Adv. Mr. Mobashshir Sarwar, Adv. Mr. Abhinandan Jain, Adv. Mr. Sai Kaushal, Adv. Ms. Swati Yadav, Adv. Mr. Danish Zubair Khan, AOR Ms. Mithu Jain, Adv. Mr. Shashwat Jaiswal, Adv. Ms. Diksha Arora, Adv.

Case no. – Special Leave to Appeal (C) No. 3280/2026

Case Title – Asad Mueed & Ors. v. Jamia Hamdard Deemed To Be University & Ors.