Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike

Kerala High Court, in a significant ruling dated 24 August 2026, held that a medical institution cannot invoke the extraordinary writ jurisdiction under Article 226 of the Constitution of India to compel the National Medical Commission (NMC) to reopen its web portal for adding seats after having already submitted its final consolidated application.

A division bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. set aside a Single Judge verdict, observing that the statutory regulations governing the application process must be read into public notices and that institutions are strictly bound by digital workflow restrictions and portal instructions that bar fragmented submissions.

KMCT Medical College submitted an online application on 20 April 2026 on the NMC portal for four new PG medical courses and seat enhancements in 11 disciplines, paying an application fee exceeding ₹94 lakhs. Later that evening, upon receiving a Consent of Affiliation from Kerala University of Health Sciences for increasing seats in MD Dermatology, Venereology and Leprosy, the college attempted to add the discipline or apply afresh, but the portal blocked access under its single consolidated application rule. The college approached the High Court under Article 226, where a Single Judge directed the NMC to open the portal or provide a link, prompting the NMC and the Post Graduate Medical Assessment & Rating Board to file the present writ appeal.

The primary question before the court was whether the NMC was entitled to restrict medical colleges to a single consolidated application and bar post-submission course additions based on portal warnings, notwithstanding the absence of an explicit condition in the initial public notice. The court was also called upon to determine whether a writ of mandamus could be issued under Article 226 directing regulatory bodies to reopen online windows for applicants who submitted incomplete proposals prior to securing mandatory affiliation documents.

Statutory Framework And Scheme For Medical Course Approvals

Examining the regulatory framework, the bench analyzed Section 28 of the National Medical Commission Act, 2019, which mandates prior permission from the Medical Assessment and Rating Board (MARB) for establishing medical colleges, starting postgraduate courses, or increasing seat capacity. The court underscored that under Section 28(2), an applicant must submit a scheme in such form, containing such particulars, accompanied by such fee, and in such manner as specified by the regulations framed under Section 57.

The bench noted that the Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses and Assessment and Rating Regulations, 2023, governs this scheme. Section 7 of the 2023 Regulations obliges eligible entities to apply exclusively through the designated web portal in the prescribed proforma, while Section 9 and Section 18 make a valid Consent of Affiliation from a recognised university an indispensable prerequisite at the time of application.

Statutory Mandates Must Be Read Into Public Notices

The High Court took strong exception to the Single Judge's finding that in the absence of an explicit restriction against multiple applications in the NMC's public notices, an applicant could not be bound to a single consolidated application. The division bench ruled that public notices issued by the regulatory body do not exist in a vacuum and cannot override the underlying statutory architecture.

The court held that when the public notice specifically mandated strict compliance with relevant regulations, the statutory requirements of Section 28(2) of the NMC Act and the proviso to Section 7 of the 2023 Regulations stood automatically incorporated into the notices.

"When Ext.P1 public notice dated 27.02.2026 issued by the NMC provides that the online applications submitted on the web portal of the official NMC website must strictly comply with the relevant regulations, etc., the mandate of the provisions under sub-section (2) of Section 28 of the National Medical Commission Act and the proviso to Section 7 of the Establishment of Medical Institutions, Assessment and Rating Regulations, 2023, should be read into Ext.P1 public notice dated 27.02.2026 as well as Ext.P2 public notice dated 25.03.2026 issued by the NMC."

Multi-Stage Digital Warnings Refute Single Judge's Pop-Up Reasoning

To assess the technical workflow of the portal, the division bench examined electronic evidence, including a video demonstration placed on record with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. This visual demonstration established that the system consistently informed applicants at several stages that multiple courses must be combined into one application and that no courses could be added post-submission.

The bench highlighted that on the final application preview screen, applicants were expressly informed that only one application is permitted per institution and were required to click an confirmation prompt before completing the submission. Consequently, the court held that the Single Judge erred in characterizing the instruction as a mere hidden pop-up note that could not bind the college.

"As evident from the screenshots and the video clip viewed in open court, at different stages of the process of the submission of online application, the applicant is informed that 'single/multiple courses can be added' and that 'once application submitted, the courses cannot be added'... The finding of the learned Single Judge that the note is visible only when a particular column is clicked cannot be sustained."

No Writ Of Mandamus For Post-Submission Omissions

The bench observed that the medical college had created its draft application on 17 March 2026 and deliberately held it until the evening of the final deadline of 20 April 2026 awaiting the university's consent letter. Having elected to submit the application at 18:46 hours without the Dermatology course because the consent was not in hand, the college could not subsequently demand a portal reopening.

The court declared that once an applicant completes the final submission knowing fully well that consent for an additional discipline is lacking, it cannot invoke extraordinary equitable remedies to bypass digital and regulatory discipline.

"After the submission of online application on 20.04.2026 at 18.46 hrs, the respondent-petitioner cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to open NMC web portal or provide a link so as to enable the college to apply for increase of seats in MD Dermatology, Venereology and Leprosy, for the academic year 2026-27."

The High Court allowed the writ appeal preferred by the National Medical Commission and dismissed the writ petition filed by KMCT Medical College. The judgment firmly establishes that professional institutions must strictly adhere to digital portal guidelines and statutory pre-conditions, and courts will not exercise discretionary writ powers to relieve parties of consequences arising from premature or incomplete online submissions.

Date of Decision: 24 August 2026