Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 14-07-2026
Case Overview
- Parties: Appellant – Malyavi Gupta; Respondents – State of Haryana & Others; Sixth Respondent – Rushali Singhal; intervenor – National Medical Commission (NMC); University – Maharishi Markandeshwar University Sadopur, Ambala and its College of Medical Science and Research.
- Nature of Proceeding: Civil appeals (Nos. ______ of 2026) arising from Special Leave Petitions (SLP) Nos. 15659‑15660/2026, challenging the High Court’s order dated 06‑04‑2026 concerning admission to the M.S. Obstetrics‑Gynecology postgraduate seat.
- Background:
- The Government of Haryana issued a notification for admission to the M.S. Obstetrics‑Gynecology course on 10‑11‑2025.
- Both the appellant and the sixth respondent participated in the NRI‑quota counselling. The appellant was initially allotted a seat in the 3rd round, which was later cancelled because the fee was first deposited from a domestic account and later from an Indian NRI account.
- Rushali Singhal’s candidature was rejected on the ground of ineligibility for the NRI quota.
- Both filed writ petitions before the High Court. The High Court held Rushali Singhal ineligible for the NRI seat but allowed her petition on merit, directing her admission.
- The Supreme Court, on 10‑06‑2026, permitted the appellant to deposit the entire fee from an NRI account via RTGS; the payment was accepted by the college.
- On 25‑06‑2026, the Court allowed the appellant to attend classes and reside in the hostel.
- Legal Observations:
- The High Court’s finding that the appellant’s denial of participation in the stray‑round counselling was unlawful because the original allotment had already been cancelled.
- The Court noted that Rushali Singhal had been admitted to the course on 16‑04‑2026 and had been attending classes for about three months.
- Counsel for the appellant, Mr. P.S. Patwalia, invoked Article‑142 of the Constitution, seeking creation of a supernumerary seat or accommodation against a forthcoming seat.
- The Court cited three precedents where it created supernumerary seats: Atul Kumar v. Chairman (Joint Seat Allocation Authority) (2024 SCC OnLine SC 2684), Om Rathod v. Director General of Health Services & Ors. (2024 19 SCC 70), and S. Krishna Sradha v. State of Andhra Pradesh & Ors. (2020) 17 SCC 465.
- The Court acknowledged NMC counsel’s objection that creating a supernumerary seat could set a wrong precedent and lead to flood of litigation.
- The Court observed that a vacant NRI seat existed in the MD‑Community Medicine discipline within the same college.
- Decision:
- Exercising powers under Article‑142, the Court directed that the available NRI seat in MD‑Community Medicine be converted into a seat in M.S. Obstetrics‑Gynecology in the same NRI category, thereby accommodating both the appellant and the sixth respondent.
- The order is expressly stated not to be treated as a precedent.
- All pending applications, if any, are disposed of.
Final Outcome
- The appellant, Malyavi Gupta, and the sixth respondent, Rushali Singhal, are both permitted to pursue the M.S. Obstetrics‑Gynecology course at Maharishi Markandeshwar College of Medical Science and Research.
- The conversion of an NRI MD‑Community Medicine seat into an M.S. O&G seat constitutes a one‑time measure; the order carries no precedential value.
Topics: Admission Dispute, Supernumerary Seat Creation