Bombay High Court
Raunak Raj S/O Ashok Prasad vs National Medical Commission, Through ... on 25 August, 2025
P.H. Jayani 04 WPL25432.2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 25432 OF 2025
Raunak Raj s/o. Ashok Prasad ... Petitioner
Versus
National Medical Commission, New Delhi
and Ors. ...Respondents
_______________________
Mr. Laxman Shahapur a/w. Ms. Deepali Bobde for the Petitioner.
Mr. Ganesh Gole a/w. Mr. Viraj Shelatkar for Respondent No.1 - NMC.
Mr. Sachindra Shetye a/w. Mr. Akshay Pansare and Adv. Nipun
Sawane for Respondent No.3.
Mr. Mohit Jadhav, AGP for the Respondent No.4 - State.
_______________________
CORAM : SUMAN SHYAM &
SHYAM C. CHANDAK, JJ.
DATED : 25th AUGUST, 2025
P.C. :-
. Heard Mr. Shahapur, learned Counsel for the Petitioner; Mr.
Gole, learned Counsel for Respondent No.1 - NMC; Mr. Shetye, learned
Counsel for Respondent No.3 and Mr. Jadhav, learned AGP for Respondent
No.4 - State.
2) The Petitioner herein is pursuing a professional course viz.
MBBS, under the Respondent No.2-College. Due to his alleged involvement
in a criminal proceeding i.e., Central Bureau of Investigation (CBI) Case No.
RC 221 2024 (E) 0006 EO III, CBI, New Delhi whereby, it has been alleged
that the Petitioner is involved in solving stolen NEET UG 2024 Question
P.H. Jayani 04 WPL25432.2025.DOC
Paper at Hazaribagh, his studentship in the MBBS course has been
suspended by the College authorities vide Order dated 16th April, 2025
(Exhibit - 'C') which is under challenge in this Petition.
3) It appears that in the month of August, 2024 the Petitioner was
arrested in connection with Shastri Nagar Police Station Case No.358 of
2024 registered on 05/05/2024 for offences committed under Sections 407,
408, 409 and 120-B of the Indian Penal Code which was later registered as
Central Bureau of Investigation (CBI) Case No. RC 221 2024 (E) 0006 EO
III, CBI, New Delhi on 23/06/2024. After remaining in custody for some
time, the Petitioner was released on bail by Order dated 07/07/2025.
4) The grievance of the Petitioner is that due to the impugned
Order of Suspension dated 16/04/2025, he has been prevented from
participating in the upcoming 1st and 2nd professional exams as well as from
attending the classes regularly. Contending that similarly situated students,
involved in the same criminal proceedings, have been allowed to pursue
their professional course (MBBS) by the High Court of Judicature at
Rajasthan (Jodhpur) and Calcutta High Court, Mr. Shahapur, learned
Counsel for the Petitioner has submitted that unless an interim Order is
passed by this Court, the career of the Petitioner would be completely
ruined. Contending that there is a chance of acquittal of the Petitioner in the
criminal case, Mr. Shahapur has further submitted that if the Petitioner is
not allowed to pursue the course, then the same would lead to irreparable
loss and injury to his interest.
P.H. Jayani 04 WPL25432.2025.DOC
5) Responding to the above, Mr. Shetye, learned Counsel for
Respondent No.3 - Maharashtra University of Health and Science, Nashik
submits, on instructions, that even if the Order of Suspension is stayed by
this Court, participation of the Petitioner in the forthcoming professional
examinations scheduled in September, 2025 would be subject to his fulfilling
the attendance norms as well as other norms pertaining to internal
assessment in theory and practical course.
6) Mr. Gole, learned Counsel for Respondent No.1 - National
Medical Commission submits that even if the Petitioner is allowed to
participate in the professional course, yet, no credit can be given to him
unless the Petitioner is eventually acquitted in the criminal case.
7) We have considered the submissions made at the Bar and also
gone through the record.
8) It appears that on 27/05/2025, the High Court of Judicature at
Rajasthan (Jodhpur) had passed an Order staying the suspension of
candidature of a similar MBBS student who was facing criminal charges out
of the same transaction. The Order dated 27/05/2025 is reproduced
hereinbelow :-
" 1. Mr. Naresh Kumar, learned counsel for the petitioner
submits that the issue involved in the present writ petition
is substantially covered by the judgment rendered in the
case of Vikas Bishnoi Vs. Controller of Examination and
Ors. (S.B. Civil Writ Petition No.8864/2025), decided on
23.05.2025.
P.H. Jayani 04 WPL25432.2025.DOC
2. Issue notice. Issue notice of stay application also.
3. Ms. Akshiti Singhvi, learned counsel accepts notice on
behalf of the respondent - RUHS.
4. Let notice returnable within a period of four weeks be
issued to remaining respondents.
5. Meanwhile, the petitioner's suspension affected vide
order dated 17.04.2025 (Annexure-3), shall remain
stayed.
6. The petitioner shall be allowed to attend the classes,
his request for appearing in the examination etc. shall be
subject to attendance criteria being fulfilled as per NMC
Regulations. "
9) We have also gone through the similar Orders dated
27/06/2025 and 14/08/2025 passed by the High Court of Judicature at
Rajasthan in S.B. Civil Writ Petition No.11030 of 2025 and S.B. Civil Writ
Petition No.11988 of 2025 respectively as well as the Order dated
05/06/2025 passed by the Calcutta High Court in Sumit Mandoliya v/s. The
State of West Bengal and Ors. in WPA No.12425/2025.
10) Having regard to the facts and circumstances of the case and
the Orders passed by the other High Courts, we are inclined to pass an
interim Order in this Case. Hence, the following Order :-
- ORDER -
(a) Issue notice to the Respondents, returnable on 03rd
November, 2025.
(b) Mr. Gole, Mr. Shetye and Mr. Jadhav, learned
P.H. Jayani 04 WPL25432.2025.DOC
Counsel waives service of notice on behalf of Respondent No.1 -
NMC, Respondent No.3 and for Respondent No.4 - State
respectively.
(c) As an ad-interim measure, we direct that the
operation of the impugned Order of Suspension dated
16/04/2025 (Exhibit - 'C'), shall remain stayed until further
Orders.
(d) Consequently, the Petitioner shall be allowed to
attend the classes. His participation in the 1st year and 2nd year
of the professional courses, however, shall be subject to the
attendance criteria as well as the internal assessment of theory
and practicals as per the NMC regulations.
(e) The participation of the Petitioner in the
professional course on the strength of this Order, shall be
subject to the outcome of this Writ Petition.
11) Stand over to 03rd November, 2025.
(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.)
PREETI
HEERO
JAYANI
