Supreme Court Deems Jamia Hamdard's Consent Of Affiliation Granted To HIMSR, Protects 49 PG Admissions
The top court said the direction was being issued in the peculiar facts of the arbitration dispute between two branches of the Hamdard family.
The Supreme Court recently deemed the Consent of Affiliation to have been granted by Jamia Hamdard Deemed to be University to Hamdard Institute of Medical Sciences & Research (HIMSR), after noting that 49 postgraduate students had already been admitted pursuant to its earlier interim directions.
A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan said the consent would be treated as granted, subject to the final outcome of the Special Leave Petition.
“In the circumstances, we observe that since there has been admission of as many as forty nine students in the third petitioner-College, the consent of affiliation is deemed to have been granted by the first respondent University in favour of the third respondent-University subject to the result of this Special Leave Petition.”, the court said.
It said the direction was being issued in the peculiar facts of the arbitration dispute between two branches of the Hamdard family.
Background
The dispute arose from execution proceedings concerning an interim order passed by an arbitral tribunal in disputes arising from a Family Settlement Deed (FSD) dated October 22, 2019 between factions of the Hamdard family.
The FSD divided the family into the HLT Group and the HFI Group and allocated control over various institutions, including the Hamdard Institute of Medical Sciences & Research (HIMSR), a constituent institution of Jamia Hamdard Deemed to be University.
Differences regarding management and control led to various proceedings in 2022 and eventual reference to arbitration.
On August 12, 2025, the arbitral tribunal directed the parties, including Jamia Hamdard to extend support to HIMSR in securing 150 MBBS seats for the academic year 2025 to 2026. It expressly clarified that such support must remain “within the confines of law”.
Jamia Hamdard challenged this decision and on September 16, 2025, the Delhi high court reiterated that any assistance could only be subject to compliance with statutory requirements.
Meanwhile, the National Medical Commission (NMC) on July 23, 2025, declined renewal of 150 MBBS seats.
In execution proceedings, the high court's single judge bench on December 8, 2025 directed Jamia Hamdard to issue Consent of Affiliation (CoA) for 150 MBBS seats, holding that withdrawal of affiliation was not within the confines of law and that the arbitral directions were binding.
On appeal, the high court observed that an executing court cannot travel beyond the arbitral mandate or adjudicate complex regulatory issues reserved for statutory authorities. It held that compliance must be subject to applicable statutory regimes and that enforcement cannot override decisions of competent regulatory bodies.
The matter is likely to be heard on February 20.
For Petitioners: Senior Advocates Shyam Divan, Dhruv Mehta with Advocates Saket Sikri, Simran Mehta, Ekta Kalra Sikri, Vikalp Mudgal (AOR), Ajaypal Singh Kullar, Kshitij Mudgal, Anshula L Bakhru, Nishi Sangtani, Ansh Mittal, Priyansh Choudhry, Prakhar Khanna.
For Respondents: Advocates Shreyans Singhvi, Tanuja Singh, Deepak Goel (AOR), Senior Advocate Gopal Sankaranarayanan, Advocates Rajiv Kumar Virmani (AOR), Shubham Pandey, Trisha Chandran, K. Parameshwar (Senior Advocate), Danish Zubair Khan (AOR), Swaroop George, Mobashshir Sarwar, Shobhan Mohanti, Swati Yadav, Abhinandan Jain, Sai Kaushal, Prasad Hegde, Shivam Prajapati, Abhigyan Dwivedi, Siddhant Katiyal, Takrim Ahsan Khan, Gaurav Sharma (Senior Advocate), Mithu Jain (AOR), Shashwat Jaiswal, Diksha Arora, Bhanu Pratap Singh, Sukanya Raj, Gaurav Sharma (Senior Advocate), Dhawal Mohan, Prateek Bhatia (AOR), Parmanand Gaur (AOR), Vibhav Mishra.