Delhi High Court Orders Reissuance of Consent of Affiliation in Arbitral Dispute Over Medical College Seats

Court Rules Withdrawal of Consent of Affiliation by Jamia Hamdard Deemed University as Unlawful, Orders Compliance with Arbitral Directions

In a significant ruling, the Delhi High Court has directed Jamia Hamdard Deemed University (JHDU) to reissue the Consent of Affiliation (CoA) to the Hamdard Institute of Medical Sciences & Research (HIMSR) within seven days. The court found that JHDU’s withdrawal of the CoA was unlawful and constituted a "purported legal hurdle" in violation of binding arbitral directions. The CoA is crucial for the inclusion of 150 MBBS seats in the 2025-26 counselling process.

The dispute traces its roots to a family settlement deed that divided administrative control over the Hamdard Institute among different factions of the Hamdard family. The court emphasized that the CoA under the National Medical Commission (NMC) Act serves a distinct statutory purpose, separate from the University Grants Commission (UGC) regulations on affiliation. The judgment debtor's claims of a statutory conflict were rejected.

Justice Jasmeet Singh, presiding over the case, underscored that the historical issuance of CoAs by JHDU without objection undermines their present stance and deemed the withdrawal a deliberate attempt to frustrate the arbitral process. The court reiterated that the executing court cannot re-examine issues that have attained finality, and JHDU must comply with arbitral directions to avoid creating legal obstacles.

The court's decision mandates JHDU to issue all necessary documents to HIMSR, ensuring the continued operation and recognition of the medical college. Failure to comply will allow the decree holders to revive the enforcement application.

Bottom Line:

Execution of arbitral award - Withdrawal of Consent of Affiliation (CoA) by judgment debtor deemed unlawful - Consent of Affiliation under NMC Act distinct from affiliation under UGC Regulations - Withdrawal of CoA amounts to creating "purported legal hurdle" in violation of arbitral directions.

Statutory provision(s): Arbitration and Conciliation Act, 1996 Sections 9, 17, 37; National Medical Commission Act, 2019; Code of Civil Procedure, 1908 Sections 51, 151

Asad Mueed v. Hammad Ahmed, (Delhi) : Law Finder Doc Id # 2819363