Delhi High Court on Enforcement of Arbitral Orders: Withdrawal of Consent of Affiliation Held Illegal.

Headnote:

The Delhi High Court directed Jamia Hamdard Deemed to be University (JHDU) to issue the Consent of Affiliation (CoA) in favour of Hamdard Institute of Medical Sciences & Research (HIMSR) for 150 MBBS seats, holding that withdrawal of the CoA amounted to a “purported legal hurdle” and violated binding arbitral and court orders.

Background:

• The dispute arose between two groups of the Hamdard family over control of HIMSR under a Family Settlement Deed (FSD) dated 22.10.2019 and amended on 21.02.2020.

• HIMSR was placed under the control of the Medical Relief & Education Committee (MREC) of Hamdard National Foundation, represented by the Decree Holders.

• Jamia Hamdard (Deemed to be University) (JHDU) was controlled by the rival group through Hamdard Education and Cultural Aid Committee (HECA).

• Disputes were referred to arbitration and status quo orders were passed by the Court and the Arbitral Tribunal.

Court’s Observations:

• The UGC Act and NMC Act operate in distinct statutory spheres; issuance of CoA under NMC regime does not amount to “affiliation” under UGC Regulations.

• Regulation 26 of UGC Regulations, 2023 does not prohibit issuance of CoA for medical education purposes.

• JHDU had been issuing CoAs since 2011 without objection, undermining its claim of statutory bar.

• The withdrawal of CoA was found to be unilateral, unjustified and not within the confines of law.

• The act of withdrawal constituted a “purported legal hurdle” expressly prohibited by the Arbitral Tribunal.

Legal Provisions Discussed:

• Section 9, 17 and 37, Arbitration and Conciliation Act, 1996

• Order XXI Rule 32, Sections 51 and 151, Code of Civil Procedure, 1908

• Regulation 26, UGC Regulations, 2023

• National Medical Commission Act, 2019

Final Order:

• The application was allowed.

• JHDU was directed to issue the Consent of Affiliation (CoA) to the Decree Holders within 7 days.

• Liberty granted to Decree Holders to revive the application in case of non-compliance.

Case: Asad Mueed & Anr. v. Hammad Ahmed & Ors.

Court: High Court of Delhi at New Delhi

Coram: Justice Jasmeet Singh

Date of Decision: 08 December 2025

Petition No.: O.M.P. (ENF.) 6/2025 with EX.APPL.(OS) 1509/2025