Karnataka High Court
National Commission For Indian ... vs Prasanna College Of Ayurveda And ... on 1 July, 2022
Bench: S Sunil Yadav, N S Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2022
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
REVIEW PETITION NO.259/2021
BETWEEN:
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
(ERSTWHILE CENTRAL COUNCIL OF INDIAN MEDICINE)
JAWAHARLAL NEHRU BHARATIYA CHIKISTSA AVAM
HOMEOPATHY ANUSANDHAN BHAWAN
61-65, INSTITUTIONAL AREA
JANAKAPURI "D" BLOCK
NEW DELHI-110 058
...PETITIONER
(BY SMT.MANASI KUMAR, ADVOCATE)
AND:
1. PRASANNA COLLEGE OF
AYURVEDA AND HOSPITAL
LAILA, BELTHANGADY
DAKSHINA KANNADA-574 214
REPRESENTED BY ITS PRINCIPAL
DR. B K PRASHANTH
S/O B KRISHNA BHAT
AGED ABOUT 38 YEARS
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2. THE UNION OF INDIA
BY MINSTITY OF AYURVEDA
YOGA, NATUROPATHY, UNANI,
SIDDHA & HOMEOPATHY (AYUSH)
AYUSH BHAVAN
'B' BLOCK
GPO COMPELX, INA
NEW DELHI-110 023
REPRESENTED BY ITS
PRINCIPAL SECRETARY
3. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR
BENGLAURU-560 041
REPRESENTED BY ITS REGISTRAR
4. THE KARNATAKA EXAMINATION AUTHORITY
SAMPIGE ROAD
18TH CROSS
MALLESHWARAM
BENGALURU-560055
REP BY ITS SECRETARY
...RESPONDENTS
(BY SRI.SARAVANA.S, ADVOCATE FOR R1;
R3 & R4-SERVED, UNREPRESENTED)
THIS REVIEW PETITION IS FILED UNDER SECTION
114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW
THE PETITION AND REVIEW THE JUDGMENT DATED
29.06.2021 PASSED BY THE HON'BLE HIGH COURT OF
KARNATAKA AT BENGALURU IN WRIT PETITION
NO.44321/2018, TO THE LIMITED EXTENT STATED ABOVE,
IN THE INTERESTS OF JUSTICE AND EQUITY.
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THIS REVIEW PETITION COMING ON FOR ORDERS
THIS DAY, S.SUNIL DUTT YADAV J., MADE THE
FOLLOWING:
ORDER
The review petitioner has sought for review of the
order on the limited ground as regards the observations
made in the order dated 29.06.2021 as detailed in the
review petition, are contrary to the legal position, which
has been clarified by the Apex Court subsequently.
2. It is the apprehension of the petitioner that the
observations made in the order of writ petition may made
use of in other proceedings.
3. While disposing of the writ petition as is
detailed in the review petition certain observations have
been made which are stated to be contrary to the legal
position, however in light of the final order passed in the
said writ petition as there was no grievance as regards the
result in the petition there was no occasion for the review
petitioner to challenge the order on 29.06.2021. In light of
there being no occasion for the review petitioner to
challenge the findings that may be against the review
petitioner, it is needless to state that the correctness of
such observations will be open for being challenged as not
being final as the principle of resjudicata would not apply.
4. With the said observations, the matter is
disposed off as calling for no further adjudication.
SD/-
JUDGE
SD/-
JUDGE
MKM
