Karnataka High Court
Sri Balaji Education Trust vs The Union Of India on 17 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:46897
WP No. 33817 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 33817 OF 2025 (EDN-MED ADM)
BETWEEN:
SRI. BALAJI EDUCATION TRUST
AYURVEDA MEDICAL COLLEGE,
HOSPITAL AND RESEARCH CENTRE
NO.54/2, RAMAGONDANAHALLI,
YELAHANKA, BENGALURU - 560 064.
REP/BY ITS SECRETARY
CHIEF EXECUTIVE OFFICER
MR. ANIL KUMAR, S/O LATE GOPINATH PILLAI
AGE 58 YEARS.
...PETITIONER
(BY SRI. ADIT CHANDANGOUDAR, ADVOCATE)
AND:
Digitally signed
by CHANDANA
BM 1. THE UNION OF INDIA
Location: High MINISTRY OF AYRUVEDA,
Court of YOGA AND NATUROPATHY
Karnataka
UNANI, SIDDA NAD HOMEOPATHY-AYUSH,
AYUSH BHAWAN, 'B' BLOCK,
G P O COMPLEX, INA
NEW DELHI - 110 023
REPRESENTED BY ITS SECRETARY.
2. THE NATIONAL COMMISSIONER FOR INDIAN
SYSTEM OF MEDICINE, JAWAHARALAL NEHRU
BHARITYA CHIKITSA AVAM HOMEOPATHY
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ANUSADHAN BHAWAN, 61-65,
INSTUTUTIONAL AREA,
OPPOSITE TO 'D' BLOCK,
JANAKAPURI, NEWJ DELHI - 110 058.
REPRESENTED BY ITS SECRETARY.
3. MEDICAL ASSESSAMENT AND RATILNG BOARD
FOR INDIAN SYSTEM OF MEDICINE
NCISM, JAWAHARALAL NEHRU BHARTIYA
CHIKITSA AVAM HOMEOPATHY ANUSADHAN
BHAWAN, 61-65, INSTITUTIONAL AREA,
OPPOSILTE TO 'D' BLOC,K JANAKAPURI
NEW DELHI - 110 058
REPRESENTED BY ITS PRESIDENT.
4. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR
BENGALURU - 560 041
REPRESENTED BY ITS REGISTRAR.
5. KARNATAKA EXAMINATIONS AUTHORITY
(CET CELL), SAMPIGE ROAD
18TH CROSS, MALLESHWARAM
BANGALORE - 560 012
REPRESENTED BY ITS DIRECTOR.
6. THE STATE OF KARNATAKA
DEPARTMENT OF AYUSH
REP. BY THE DIRECTOR
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1;
SMT. MANASI KUMAR, ADVOCATE FOR C/R2 AND R3;
SMT. FARAH FATHIMA, ADVOCATE FOR R4;
SRI. N.K. RAMESH, ADVOCATE FOR R5;
SRI. MANJUNATH K, HCGP FOR R6)
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NC: 2025:KHC:46897
WP No. 33817 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
REGULATION 9 OF THE NATIONAL COMMISSIONER FOR
INDIAN SYSTEM OF MEDICINE (MINIMUM ESSENTIAL
STANDARDS, ASSESSMENT AND RETING FOR
UNDERGRADUATE AYURVEDA COLLEGES AND ATTACHED
TEACHING HOSPITALS) REGULATIONS, 2024 AS ULTRA VIRES
THE CONSTITUTION OF INDIA AND / OR INDIAN SYSTEM OF
MEDICINE ACT 2020 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Sri H Shanti Bhushan, learned DSGI is directed to
accept notice for respondent No.1. Smt. Manasi Kumar,
learned counsel accepts notice for respondent Nos.2 and
3. Smt. Farah Fathima, learned counsel accepts notice for
respondent No.4. Sri N K Ramesh, learned counsel
accepts notice for respondent No.5 and Sri Manjunath K,
learned HCGP accepts notice for respondent No.6.
2. In this petition petitioner seeks the following
reliefs:
a) Declare the Regulation 9 of the National
Commissioner for Indian System of Medicine (Minimum
Essential Standards, Assessment and Rating for
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Undergraduate Ayurveda Colleges and Attached
Teaching Hospitals) Regulations, 2024 as ultra vires the
constitution of India and/or Indian System of Medicine
Act 2020.
b) Issue a writ in the nature of Certiorari or such other
appropriate Writ, Order or direction, quashing the
impugned Order dated 25.08.2025 bearing No.4-
43/KA/MARB/2025-26-Ay, issued by Respondent No.3
vide Annexure-Y, only in so for not granting its full
intake, in the interest of justice and equity;
AND
c) Issue any other writ or order as this Hon'ble Court
deems fit to grant in the fact and circumstances of the
case and in the aid main relief sought for.
3. After arguing the matter for some time, learned
counsel for the petitioner submits that though the
petitioner has already filed an appeal at Annexure AB ated
08.09.2025 against the impugned order at Annexure Y
dated 25.08.2025 passed by the respondent no. 3, in the
light of the submission made on behalf of the learned
counsel for respondents No. 2 and 3 that she has no
instructions as regards the petitioner having filed the said
appeal, the petitioner would file an additional/fresh/new
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appeal before the second respondent - appellate authority
on 18.11.2025 which may be directed to dispose of the
appeal as expeditiously as possible and within a stipulated
time frame having regard to the fact that the last date for
admission to the petitioner - college would expire on
01.12.2025.
4. The submission is placed on record.
5. Though several contentions have been urged by
both sides in support of their respective claims, having
regard to the aforesaid submission made on behalf of the
petitioner that they would file an additional/fresh/new
appeal before the second respondent - appellate authority
in addition to the appeal at Annexure AB dated
08.09.2025, without expressing any opinion on the
merits/demerits of the rival contentions, I deem it just and
appropriate to dispose of this petition directing the
appellant to file an appeal before the second respondent -
appellate authority on 18.11.2025 along with all relevant
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documents and the judgment of the co-ordinate bench of
this Court in the case of Dhanvantri Ayurveda College
vs. Union of India (WP 106576/2025 dated
12.09.2025). If the petitioner files such an appeal on
18.11.2025, the second respondent appellate authority
shall consider and dispose of the same in accordance with
law on or before 22.11.2025 bearing in mind the judgment
in Dhanvantri College (supra).
6. The writ petition is accordingly disposed of.
Liberty is reserved in favour of the petitioner to take
recourse to such other remedies as available in law
including approaching this Court subsequently after the
appellate authority passes appropriate orders if the
occasions arises, as stated supra.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
YKL
