Gujarat HC Stays Own Order on MBBS Admissions After NMC Cites Supreme Court Conflict
Gujarat HC Stays MBBS Admission Order After NMC Review

Gujarat High Court Halts MBBS Admission Order Following NMC Intervention

In a significant legal reversal, the Gujarat High Court has stayed its own directive ordering an additional round of admissions for three vacant MBBS seats. This decision came after the National Medical Commission (NMC) filed a review application, asserting that the court's earlier order conflicts with established Supreme Court guidelines.

Background of the Admission Controversy

The legal saga began when the MEDGUJ Association of Gujarat Medical Colleges petitioned the High Court regarding unfilled medical seats. On January 6, 2026, Justice Desai directed the National Medical Commission, the Medical Counselling Committee (MCC), and the Admission Committee for Professional Undergraduate Medical Courses (ACPC) to conduct one more stray vacancy round specifically for three remaining MBBS seats.

This was actually the association's second such petition. Initially, in December 2025, they had sought a stray round to fill 57 vacant seats. After that round was conducted, three students subsequently withdrew from the admission process, prompting the association to file this follow-up petition seeking to fill those newly vacated positions.

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The Court's Original Directive and Its Aftermath

The High Court's January order explicitly stated: "The respondents are directed to go for one more stray vacant round of admission to fill up the remaining three seats of the first year MBBS course. The said exercise is expected to be carried out at the earliest, preferably within a period of 10 days from today."

Following this directive, the admission round proceeded, and the three MBBS vacancies were successfully filled. However, this created a domino effect, resulting in new vacancies emerging in the Bachelor of Dental Surgery (BDS) course, which led the MEDGUJ Association to file yet another petition addressing those dental seats.

NMC's Review Petition and Legal Arguments

Approximately one month after the medical seats were filled, the National Medical Commission submitted a review petition challenging the High Court's January order. Representing the NMC, counsel Vikas Nair presented a crucial argument before the court on Monday.

Nair contended that the High Court had issued its January 6 order without hearing the NMC's perspective, thereby depriving the commission of the opportunity to highlight that the directive contradicted Supreme Court directions. This procedural omission formed the basis of the NMC's request for review and stay of the earlier order.

Court's Revised Stance and Current Status

Upon considering the NMC's arguments, Justice Desai responded decisively: "Accordingly, the order dated Jan 6, 2026, passed in Special Civil Application No. 40 of 2026 shall remain stayed till further orders."

The High Court has now issued a formal notice to the MEDGUJ Association, requesting their response by February 23, 2026. Until that date, the court's original admission order remains suspended. Meanwhile, the Admission Committee for Professional Undergraduate Medical Courses (ACPC) has sought exemption from filing a reply, asserting that it functions merely as an executing body rather than a policy-making entity in these matters.

This legal development highlights the complex interplay between judicial directives and established regulatory frameworks in medical education admissions, particularly when multiple rounds of counseling create cascading vacancies across different professional courses.

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