Karnataka High Court
Rasha Kabeer vs The State Of Karnataka on 27 October, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 28861 of 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 28861 OF 2025 (EDN-RES)
BETWEEN:
1. RASHA KABEER
D/O KABEER EDOLIKUNNATH
AGED 25 YEARS
R/AT EDOLIKUNNATH HOUSE,
CHENNAMANGALLUR POST,
MUKKAM,KOZHIKODE - 673602
PRESENTLY RESIDING AT
BUILDING NO.9, ZONE-52
STREET NO. 912, AL DAYHA ST,
LUQTA, AI RAYYAN MUNICIPALITY
DOHA (QATAR).
2. ROHAN R
S/O DR RAJESH KAROTH
AGED 24 YEARS
R/AT NESTLE PLATHOTAM TALIPARAMBA
KANNUR - 670 141.
Digitally signed
by CHANDANA 3. VAISHAKH B M
BM S/O VIDYADHAR B M
AGED 24 YEARS,
Location: High
Court of R/AT HOUSE NO. 4-698,
Karnataka SAVINAYA, NEAR VITTAL PU COLLEGE,
VITTAL, BANTWAL TALUK,
DAKSHINA KANNADA DISTRICT - 574 243.
4. HRISHIKESH C
S/O ANILKUMAR K K,
AGED 25 YEARS,
R/AT CHEEKOLI NIVAS,
CHOMBALA POST, VATAKARA - 673 308.
5. ANUVIND P S/O DHINU P,
AGED 24 YEARS,
R/AT PALIYIL HOUSE,
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MANASSERY POST,
MUKKAM, CALICUT - 673 602.
6. NEHA MARIA TENY
D/O TENNY AUGUSTINE,
AGED 25 YEARS,
R/AT PUTHANAGADY HOUSE,
NAZERETH ROAD,
ALUVA -683 101.
7. FATHIMATH RANA E V
D/O ABDU RASHEED K P,
AGED 24 YEARS,
R/AT AI REEM, KIZHAKKEKARA ROAD,
THAZHE CHOVVA,
KANNUR - 670 018.
8. AYANA JOSEPH
D/O JOSEPH THOMAS,
AGED 25 YEARS,
R/AT EDAYADIL,
ADAKKAKUNDU POST, KALIKAVU
MALAPPURAM DISTRICT - 676 525.
9. RAJ KANNAN S/O DR. A KANNAN,
AGED 25 YEARS
R/AT HOUSE NO. 9, TC-20/1332(5)
MANGAD LANE, KARAMANA,
TRIVANDRUM - 695 002.
10. SRUTHI M
D/O SURESH KUMAR
AGED 25 YEARS
MANGALAM KAITHAPRAM
MATHAMANGALAM POST
KANNUR -670 306.
11. ANNGLORIA THANKACHAN
D/O E D THANKACHAN
AGED 25 YEARS
R/AT EDASSERIL HOUSE
PAYYAVOOR POST
MARUTHUMCHAL
KANNUR-670 633.
12. APARNA DETH
D/O V S ANIL DETH
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AGED 25 YEARS
R/AT 47/174, AMBADI BHAVAN
KALAVATH PONNURUNNI
VYTTILA POST
ERNAKULAM-682 019.
13. MARYLYNE OINAM
D/O OINAM SANTOSH SINGH
AGED 26 YEARS
R/AT BRAHMAPUR
GURUARIBAM LEIKAI
IMPHAL EAST -795 001.
14. ASWATH M P
D/O PRAKASH M
AGED 26 YEARS
R/AT PULARI HOUSE
KAYELIKUNNUMMAL
THAMARASSERY
KOZHIKODE-673 573.
15. SHOBIDA M K
D/O PANKAJAKSHNA M K
AGED 25 YEARS
R/AT SHOBIDA'S MANNAMBATH HOUSE
ADOOR, KADACHIRA POST
KANNUR -670 621.
16. ASHMA M S
D/O SHIBUMON M T
AGED 25 YEARS
R/AT MANIYANANICKAL HOUSE
KONNATHADY POST
MARAKKANAM
IDUKI-685 563.
17. RAJALAKSHMI S
D/O SIVARAMAKRISHNAN S
AGED 26 YEARS
R/AT AMMA HOUSE,
JALADHANAGAR, C N PURAM
PALAKKAD-678 005.
18. DILEENA PUTHIYA PURAYIL
D/O DILEEP KUMAR P P
AGED 26 YEARS
R/AT DILEENA'S IRIVANCE ROAD
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IRINAVE POST
KANNUR -670 301.
19. SMERA ANNA THOMAS
D/O THOMAS JOHN
AGED 25 YEARS
R/AT CHERUVATHUR HOUSE
AYNOR JUNCTION
PAZHANJI POST
THRISSUR-680 542.
20. AGILLAN V
S/O VENKATESAN A
AGED 24 YEARS
R/AT 23 RAMLINGAM POLICE STREET
PORAIYAR
MAYILADUTHURAI DISTRICT 609 307.
21. BRILLY K B
D/O BONNY K SUNNY
AGED 25 YEARS
R/AT KANJIRAPARAMBIL
HOUSE SOUTH BAZAR BY
LANE NELIKUNNU
THRISSUR 680 005.
22. HARSHA T P
D/O HAMSA T P
AGED 25 YEARS
R/AT THOROPARAMBIL
HOUSE PALLIPPURAM POST
PALAKAAD 679 305.
23. AHALYA K
D/O SUMA M K
AGED 26 YEARS
R/AT MALAYAMPILLY HOUSE
MUTTITHADY POST KALLUR
THRISSSUR 680 037.
24. SANDRA V C D/O VINAYAKAN S
AGED 24 YEARS
R/AT SANDRAM HOSASANGADY
MANJESHWAR POST
KASARGOD 671323.
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25. RAHLA MUHAMMED
D/O MUHAMMED KUNNI M
AGED 25 YEARS
R/AT WHITE HOUSE KALLORAVI
NORTH KAHNAGAD SOUTH P O
KASARAGOD 671531.
26. DEEEPIKA PARAMESWARAN
D/O PARAMESHWARAN
AGED 26 YEARS
R/AT KUNHOTT HOUSE NEDUVA POST
PARAPPANAGADI
MALAPPURAM 676 303.
27. MANJIMA P D/O SASIKUMAR P
AGED 28 YEARS
R/AT KAKKANATTU HOUSE
KOTTAPPURAM MALAPURAM 676 637.
28. HANNAFATHIMA S,
D/O SHANAVAS A K,
AGED 29 YEARS,
R/AT BAITHULFATHIMA,
NILAMEL POST, KOLLAM- 691535.
29. KEERTHANA ANILKUMAR,
D/O ANIL KUMAR,
AGED 26 YEARS,
R/AT ODATHUPARAMBIL HOUSE,
PERAMANGALAM POST,
THRISSUR- 680 545.
30. SABARINADH K S,
S/O SURESAN K N,AGED 25 YEARS,
R/AT KOLLAMPARAMBIL HOUSE,
VADAVUCODE POST, PUTHENCRUZ,
ERNAKULAM-682 310.
...PETITIONERS
(BY SRI. P.P. HEGDE, SENIOR COUNSEL APPEARING FOR
SRI. DIVYATEJ.H.N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
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BMC AND RI OLD BUILDING,
1ST FLOOR, K R ROAD,
BENGALURU - 560 002.
2. THE CHIEF EXECUTIVE DIRECTOR,
KARNATAKA EXAMINATION AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560 012.
3. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
REPRESENTED BY ITS VICE-CHANCELLOR
/ REGISTRAR (EVALUATION),
4TH BLOCK EAST, PATTABHINAGAR,
JAYANAGAR, BENGALURU- 560 041.
4. THE PRINCIPAL,
ALVAS HOMOEOPATHIC
MEDICAL COLLEGE,
MIJAR, MOODABIDRI,
DAKSHINA KANNADA DIST - 574 225.
5. NATIONAL COUNCIL OF HOMOEOPATHY,
REPRESENTED BY ITS PRESIDENT,
HOMOEOPATHY EDUCATION BOARD,
61-65, INSTITUTIONAL AREA,
OPP. 'D' BLOCK JANAK PURI,
NEW DELHI -110 058.
6. AYUSH ADMISSIONS CENTRAL
COUNSELLING COMMITTEE,
MINISTRY OF AYUSH,
REPRESENTED BY ITS SECRETARY,
AYUSH BHAWAN, B BLOCK,
GPO COMPLEX,
INA, NEW DELHI - 110 023.
7. KARNATAKA BOARD OF HOMOEOPATHIC
SYSTEM OF MEDICINE,
REPRESENTED BY ITS REGISTRAR,
AYUSH ADMINISTRATIVE BLOCK,
OPP. MAJESTIC BMTC BUS STAND,
DHANVANTRI ROAD,
BENGALURU- 560 009.
...RESPONDENTS
(BY SRI. MANJUNATH.K, HCGP FOR R-1
SRI. N.K. RAMESH, ADVOCATE FOR R-2
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SRI. RAJATH, ADVOCATE FOR R-3
SMT. RESHMA THAMMAIAH, ADVOCATE FOR R-6
SMT. ANKITA CHOUDHARY, APPEARING FOR
SRI. SUYOG HERALE, ADVOCATE FOR R-5
SRI. M.S. BHAGWAT, SENIOR COUNSEL APPEARING FOR
SRI. DIVYATEJ, ADVOCATE FOR R-4
SRI. PRASANNA.V.R, ADVOCATE FOR R-7)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECT THE R-5 NATIONAL
COMMISSION FOR HOMOEOPATHY TO IMMEDIATELY ISSUE THE MQRL
AND REGISTRATION CERTIFICATES TO THE PETITIONERS.
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
In this petition, petitioner seeks a direction to the 5th
respondent - National Commission for Homeopathy to issue the
MQRL and Registration Certificates to the petitioners and for other
reliefs.
2. Heard learned Senior counsel for the petitioners and
learned HCGP for 1st respondent - State as well as learned Senior
counsel for 4th respondent and learned counsel appearing for
respondents 2, 3, 5, 6 and 7 and perused the material on record.
3. A perusal of the material on record will indicate that the
petitioners are students of the 4th respondent - College, which is a
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Private unaided Institution and having been admitted to BHMS
course in the said college which is affiliated to the 3rd respondent -
RGUHS and have successfully completed their Degree and have
received their Degree certificates. It is submitted that for the
purpose of joining PG course in Homeopathy, the petitioners
having appeared for the AIAPGET-2025 Examination intended to
apply for post graduate Ayush seeds for which the 6th respondent is
conducting counseling and in this regard, petitioners requested the
5th respondent for issuance of MQRL and Registration Certificate
allotted by them to the 4th respondent - College in favour of the
petitioners so as to enable them to participate in the ongoing
counseling. It is the grievance of the petitioners that since the 5th
respondent did not issue the said MQRL and Registration
certificates, petitioners are before this Court by way of the present
petition.
4. Per contra, learned counsel for the 5th respondent - NCH
submits that the admission of the petitioners to 4th respondent -
college in the year 2018 was invalid and as such, the petitioners
are not entitled to any relief sought for in the present petition.
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5. However, learned counsel for the 3rd respondent -
RGUHS and 4th respondent - College would support the claim of
the petitioners and submit that appropriate directions may be
issued to the 5th respondent as sought for by the petitioners.
6. Before adverting to the rival submissions, it is necessary
to state that petitioners are the students of 4th respondent - college
which is a member of Karnataka State Ayush Medical Colleges
Federation. The said Federation along with other colleges
approached this Court in W.P.No.41486/2018 seeking a
declaration that the Union of India had no authority to direct
admissions in private unaided Institutions imparting courses in
VHMS etc., on the basis of NEET Examinations and for other
reliefs. During the pendency of the said petition, the Apex Court in
the case of Union of India vs. Federation of Self Financed
Ayurvedic Colleges, Punjab & others - Civil Appeal
Nos.603/2020 & connected matters - Dated 20.02.2020, held as
under:-
"The validity of the Notifications issued by the
Central Council of Indian Medicine (hereinafter referred
to as, 'the Central Council') and Central Council of
Homeopathy prescribing an all-India National Eligibility
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cum Entrance Test (for short, 'NEET') for admission to
Under Graduate courses (BAMS, BUMS, BSMS and
BHMS) and minimum qualifying marks in the said
examination, arise in the above Appeals and Writ
Petitions. These notifications shall apply to admissions
for AYUSH Under Graduate courses from the
academic year 2019-2020. Similarly, validity of the
Notification introducing the AYUSH Post Graduate
Entrance Test (AIA-PGET) for admissions to Post
Graduate courses(MD- Ayurveda) and prescribing
minimum qualifying marks also arises in the above
appeals.
2. The Ministry of Ayurveda, Yoga &
Naturopathy, Unani, Siddha, Sowa Rigpa and
Homoeopathy (for short, 'AYUSH'), instructed all the
State Governments, Union Territories and the
Universities concerned to admit students in AYUSH
Under Graduate courses for the academic year 2018-
2019 only on the basis of merit list of the NEET,
conducted by the Central Board of Secondary
Education (CBSE) in accordance with the existing rules
and reservation policies of the concerned State
Governments. A minimum qualifying mark for eligibility
to admissions in the Under Graduate courses was
prescribed at 50th percentile. The minimum marks for
the Scheduled Castes and Schedules Tribes and Other
Backward Classes was prescribed at 40th percentile.
The percentile shall be determined on the basis of
marks secured in the all India Common merit list in
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NEET. Thereafter, by a notification dated 07.12.2018,
the Central Council introduced the Indian Medicine
Central Council (Minimum Standards of Education in
Indian Medicine) Amendment Regulations, 2018
(hereinafter referred to as, 'the 2018 Regulations).The
Indian Medicine Central Council (Minimum Standards
of Education In Indian Medicine) Regulations,1986
were amended by the 2018 Regulations. Regulation 2
(d) of the 2018 Regulations provides that the re shall
be a uniform entrance examination for all medical
institutions, namely the National Eligibility Entrance
Test (NEET) for admission to under-graduate courses
in each academic year and that the NEET examination
shall be conducted by an authority designated by the
Central Government. The minimum eligibility mark for
admission to Under Graduate courses has been
prescribed at 50th percentile for General category
candidates and 40th percentile for Scheduled Castes
and Schedules Tribes and Other Backward Class
candidates. The Indian Medicine Central Council (Post
Graduate Ayurvedic Education) Amendment
Regulations, 2018 were issued making amendments to
the Indian Medicine Central Council (Post Graduate
Ayurvedic Education) Regulations, 2016.An all India
entrance examination (AIA-PGET), on the lines of the
examination prescribed for the Under Graduate
courses, was introduced by the said regulations for
Post Graduate courses.
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3. The Guru Ravidas Ayurved University,
Hoshiarpur, Punjab issued a prospectus on 31.07.2019
for admission to BAMS, BHMS and BUMS courses
prescribing minimum marks in NEET and the criteria for
admission to Under Graduate courses. In Civil Writ
Petition No.23710 of 2019 filed by the managements of
AYUSH colleges, the High Court of Punjab and
Haryana passed an interim order on 06.09.2019
permitting admission of students to Under Graduate
courses (BAMS,BHMS and BUMS)without insisting on
the students getting the minimum requisite percentile in
the NEET. Similar orders were passed by the High
Court of Punjab and Haryana in other Writ Petitions. All
the Writ Petitions filed by the Ayurvedic and
Homeopathic colleges were dismissed by the High
Court of Punjab and Haryana by its judgment dated
18.12.2019. Aggrieved by the said judgment, the
Colleges as well as the students filed these Special
Leave Petitions before us. There are other SLPs filed
by the students seeking admission to Under Graduate
courses (BAMS, BUMS and BHMS) for the academic
year 2019-2020.Admission were granted to students in the
Institutions on the basis of the interim orders of the High
Court without insisting on the eligibility criterion fixed by the
2018 Regulations i.e. securing minimum marks in NEET.
The Central Council has also filed some SLPs, aggrieved by
the interim orders passed by the High Courts permitting
admission of students without insisting on the NEET
eligibility in Under Graduate as well as Post Graduate
courses.
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4. As stated above, the point that arises for our
consideration is whether the students seeking
admissions to Under Graduate courses(BAMS, BUMS,
BSMS and BHMS) and Post Graduate courses can be
denied admission on the ground that they did not take
the NEET or that they did not get the minimum
percentile prescribed bythe2018Regulations.It would
be convenient to refer to the facts in SLP (C) No.29 of
2020 which has been filed against the judgment of the
High Court of Punjab and
Haryanadated18.12.2019inCivilWritPetitionNo.23710 of
2019 (O&M), as the lead matter.
5. In the High Court, it was contended on behalf of
the Institutions which filed the Writ Petitions that the
2018 Regulations are ultra vires the Indian Medicine
Central Council Act, 1970 (hereinafter referred to as,
'the Act').It was argued that introduction of an all India
examination in the form of NEET is beyond the
regulation making authority of the Central Council
under Section 36 of the Act. Reliance was placed by
the Writ Petitioners on the fact that the NEET
examination was introduced for the MBBS and BDS
courses only after amending the provisions of the
Indian Medical Council Act, 1956 and Dentists Act,
1948 respectively. Reference was made to the
amendments carried out to Section 10 and Section 33
of the Act and introduction of Section 10-A in both the
aforementioned Acts. It was contended that without
conducting a similar exercise of amending the
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provisions of the Act empowering the Central Council
to make regulations governing entrance examinations,
the Central Council hastily made the 2018 Regulations.
The High Court dismissed the Writ Petitions by
rejecting the contentions raised on behalf of the
Institutions by holding that the impugned Regulations
dated 07.12.2018 were well within the powers
conferred on the Central Council by the Act. The
admissions made to the Under Graduate courses For
the academic year 2019-2020 to students without
NEET eligibility were found to be unsustainable as
they were contrary to the 2018 Regulations. The
High Court held that the students cannot claim any
equity because the interim orders on the basis of
which admissions were given to the students
stipulated that their admissions would be subject to
the final result of the Writ Petitions.
6. It was contended on behalf of the Institutions and
the students that the 2018 Regulations are ultra vires
the Act. No power is conferred on the Central Council
to make Regulations for introduction of an all India
entrance examination under Section 36 of the Act.
Assuming that the Regulations were made under the
general rule making power, the submission on behalf of
the Institutions and the students was that the 2018
Regulations are not in conformity with "purposes of the
Act" under Section 36 (1) of the Act. In support of the
submissions, reference was made to the amendments
that were carried out to the Indian Medicine Council
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Act, 1956 and the Dentist Act, 1948 before making
Regulations by which the all India examinations for
admission to Under Graduate and Post Graduate
courses were introduced. The further submission of the
students and the Institutions was that NEET is not
structured for Ayurvedic courses as the syllabi for
AYUSH courses is completely different from syllabi for
MBBS or BDS courses.
7. Per contra, Ms. Pinky Anand, the learned
Additional Solicitor General appearing for the Central
Council submitted that the 2018 Regulations are
perfectly valid having been made in the valid exercise
of the power conferred on the Central Council under
Section 36 of the Act. Ms. Anand submitted that
Section 22 of the Act pertaining to the minimum
standards of education in Indian Medicine includes the
power to conduct entrance examination for admission
to the Under Graduate courses. According to Ms.
Anand, the Central Council is not denuded of the power
to make Regulations as Section 36 of the Act enables
the Council to make Regulations generally to carry out
the purposes of the Act. She urged that the minimum
qualifying percentile fixed for admission to the Under
Graduate courses(BAMS, BSMS, BUMS and BHMS)is
required to be maintained in order to ensure minimum
standards of education. She contended that general
standards for admission to professional courses are fixed on
the basis of a detailed study and the correctness of such
decision is beyond the ken of this Court.
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8. It is relevant to refer to the provisions of the
Indian Medicine Central Council Act, 1970.Section 22
of the Act confers power on the Central Council to
prescribe minimum standards of education in Indian
medicine which are required for granting recognised
medical qualifications by Universities, Boards or
medical institutions in India. Section 36 provides that
the Central Council may, with the previous sanction of
the Central Governments make regulations generally to
carry out the purposes of the Act. Section 36 (i), (j), (k)
and (p) are as follows:
"(i) the courses and period of study and of
practical training to be undertaken, the subjects of
examination and the standards of proficiency
therein to be obtained, in any University, Board or
Medical Institutions for grant of recognised
medical qualifications;
(j) the standards of staff, equipment,
accommodation, training and other facilities for
education in Indian Medicine;
(k) the conduct of professional examinations,
qualifications of examiners and the conditions of
admissions to such examinations;
(p) any matter for which under this Act provision
may be made by regulations."
9. We are in agreement with the contention made
on behalf of the students and the Institutions that
introduction of an all India examination will not be
covered by Section 36(i), (j) and (k) of the Act.
However, Section 36(p) refers to any matter under the
Act for which provision may be made by the
Regulations. In our considered opinion, Section 22
which deals with the minimum standards of education
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in Indian Medicine, covers the topic of an all India
common entrance examination. We are supported in
this view by a judgment of this Court in Veterinary
Council of India v. Indian Council of Agricultural
Research. Section 22 of the Veterinary Council of
India Act is in pari materia with Section 22 of the Indian
Council of Medicine Act. An all India common entrance
examination was introduced by Regulations made by
the Veterinary Council of India in 1993 and an
examination was conducted pursuant there to from the
academic year 1995-1996.The dispute pertaining to the
validity of the Regulations was resolved by this Court by
holding that the Veterinary Council of India is authorized
to frame regulations prescribing the standards of
veterinary education and such power includes power to
make Regulations relating to grant of admissions and
veterinary qualifications. This Court observed that such
authority to frame regulations regarding admissions is
necessary for maintaining the standards of education.
The instant case is squarely covered by the law laid down
by this Court in Veterinary Council of
India(supra)therefore, we are of the opinion that the 2018
Regulations cannot be said to be ultra vires the Act.
10. The last date for admissions to the Under
Graduate courses for the academic year 2019-2020
was 15th October, 2019 and 31st October, 2019 for Post
Graduate courses. One of the contentions raised on
behalf of the Institutions and the students is that a large
number of seats in the first year Ayurvedic,
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Homeopathy and Unani courses are not filled up. To
illustrate, Mr. P.S. Patwalia, learned Senior Counsel
submitted that there are 540 seats available for
admission to the first year BAMS course in Guru
Ravidas Ayurved University. Only 27 seats could be
filled up in the all India counseling held on 25.06.2019.
In the second counseling which was held on
24.07.2019,only 28 candidates were found eligible.
After the State counselling, 320 out of 540 seats
remained vacant. On the basis of interim orders passed
by the High Court of Punjab and Haryana, admissions
were made without insisting on NEET and in the
process, 275 seats were filled.
11. Similar statements were made on behalf of the
Institutions and the students from the other States that
insistence on the minimum qualifying marks in the
NEET would render a large number of seats in the
Under Graduate courses for the academic year 2018-
2019 vacant. A fervent plea was made by the learned
counsel appearing for the students that they may be
permitted to continue as they have already been
admitted and they would lose a precious year in case
their admissions are cancelled. In any event, the seats
vacated by them cannot be filled up.
12. Prescribing a minimum percentile for admission
to the Under Graduate courses for the year 2019-2020
was vehemently defended by the Central Council and
the Union of India by submitting that the minimum
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standards cannot be lowered even for AYUSH courses.
We agree Doctors who are qualified in Ayurvedic,
Unani and Homeopathy streams also treat patients and
the lack of minimum standards of education would
result in half-baked doctors being turned out of
professional colleges. Non-availability of eligible
candidates for admission to AYUSH Under Graduate
courses cannot be a reason to lower the standards
prescribed by the Central Council for admission.
However, in view of admission of a large number of
students to the AYUSHU under Graduate courses for
the year2019-2020 on the strength of interim orders
passed by the High Courts, we direct that the students
may be permitted to continue provided that they were
admitted prior to the last date of admission i.e. 15th
October, 2019. The said direction is also applicable to
students admitted to Post Graduate courses before 31st
October, 2019.This is a one-time exercise which is
permitted in view of the peculiar circumstances.
Therefore, this order shall not be treated as a
precedent.
13. The notification dated 14.12.2018 pertaining to
the Homeopathy courses is similar to that of the
AYUSH courses. It was contended on behalf of
Homeopathy colleges that the procedure prescribed in
Section 20 (2) of the Homeopathy Central Council Act,
1973 ( for short, '1973 Act') was not followed before the
amendment was carried out to the Regulations. In view
of the paucity of time, no response was filed by the
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Central Council of Homeopathy or by the Union of India
clarifying the factual position pertaining to the non-
compliance of the procedure prescribed under the 1973
Act for making Regulations. In view of the same, we
are not in a position to decide the issue raised by the
Petitioners in Writ Petition (C) No.1461 of 2019.We
leave it open to the Petitioners to raise these issues
before the High Court, if they deem it fit and proper. It
is not necessary to deal with various submissions
made by the Appellants in view of the order passed by
us permitting the students to continue their studies.
14. For the afore mentioned observations, all the
Appeals and the Writ Petitions are disposed of."
7. In view of the aforesaid judgment of the Apex Court, this
Court disposed of the aforesaid W.P.No.41486/2018 vide final
order dated 11.12.2020 as hereunder:-
"Petitioners have filed a Memo dated 30-11-2020
(filed on 07-12-2020) stating that, the issue involved in the
present writ petition is unnecessary to be gone into, as
admission of the students for under graduate courses made
for the academic year 2019-20 has been approved, in view
of decision of the Hon'ble Apex Court rendered in the case of
UNION OF INDIA VS. FEDERATION OF SELF-FINANCED
AYURBEDIC COLLEGES PUNJAB AND OTHERS IN CIVIL
APPEAL NO.603/2020 DISPOSED OF ON 20-02-2020. A
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copy of the said order has been annexed to the aforesaid
memo.
2. It is further stated that pursuant to the order of
the Hon'ble Apex Court, this Court in Writ Petition No.
106948-950/2018 disposed of on 18-06-2020 and Writ
Petition No.204340/2018 disposed of on 10-11-2020 has
protected similarly placed students admitted during the
academic year 2019-20.
3. Hence, petitioners have submitted that Rajiv
Gandhi University of Health Sciences has approved
admissions of all the students herein and as such, the issue
involved in the present writ petition is rendered unnecessary.
4. Since the interest of the students in the present
petition admitted to under graduate courses has been
safeguarded by the Hon'ble Apex Court in the aforesaid
judgment and their admissions having been approved by
Rajiv Gandhi University, the present writ petition would not
survive for consideration.
5. We dispose of the present writ petition in the
light of the order passed by the Hon'ble Apex Court in the
case of UNION OF INDIA VS. FEDERATION OF SELF-
FINANCED AYURBEDIC COLLEGES PUNJAB AND
OTHERS IN CIVIL APPEAL NO.603/2020 DISPOSED OF
ON 20-02-2020.
We make it clear that we have not expressed any
opinion on the merits of the case."
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8. As can be seen from the aforesaid order, this Court has
not only placed reliance upon the aforesaid judgment of the Apex
Court but also referred to the protection granted to similarly placed
students in the case of The HKE Soceity's Dr.Malakaraddy
Homeopathic Medical College & Hospital vs. The Union of
India & others - W.P.No.204340/2018 dated 10.11.2020, which
reads as under:-
"The petitioner has filed a memo for disposal of
petition and has submitted that the present writ petition was
filed concerning admissions Homeopathy Post Graduate
Course for the academic year 2019-2020. It is further
submitted that the admissions made for the academic year
2019-2020 have been approved by respondent No.4 and has
enclosed the letter of the Registrar dated 05.06.2020,
wherein it is stated that the admissions for the year 2019-
2020 for 23 seats of MD/MS Homeopathy Course has been
approved. Attention is drawn to the order of the Apex Court
passed in Civil Appeal No.603 of 2020 dated 20.02.2020,
wherein the Apex Court had permitted students admitted
pursuant to interim orders to continue as one time measure.
Accordingly, the learned Senior Counsel appearing on
behalf of the petitioners submits that no further adjudication
is called for. In the light of the memo and submission made
and taking note of the letter dated 05.06.2020, the petition is
disposed off as not calling for any adjudication."
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9. Further, in W.P.No.41486/2018 supra, this Court has
categorically held that the students involved in the said petition
including students of colleges which were members of the
aforesaid Federation had been safeguarded and their admission
had been approved by the RGUHS.
10. In my considered opinion, having regard to the fact that
the petitioners are students of 4th respondent - college which is a
member of the Karnataka State Ayush Medical Colleges
Federation which was petitioner No.1 in W.P.No.41486/2018, I am
of the view that the protection granted in the said order would
enure to the benefit of the present students also and by invoking /
applying the doctrine of parity, I deem it just and appropriate to
dispose of this petition directing the 5th respondent to issue MQRL
and Registration certificates in favour of the petitioners.
11. Insofar as the contention urged on behalf of the 5th
respondent that the interim directions issued by this Court in the
aforesaid W.P.No.41486/2018 had not been complied with by the
State Government and RGUHS is concerned, it is needless to state
that in view of the disposal of the said petition vide final order dated
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11.12.2020 as stated supra, the said interim directions would stand
merged with the final order which is in favour of the Federation and
its Member colleges as noticed above and consequently, no
reliance can be placed on the interim directions to reject the claim
of the petitioners and the contention of the 5th respondent in this
regard cannot be accepted.
12. In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The 5th respondent - National Council of Homeopathy is
hereby directed to issue MQRL and Registration Certifications in
favour of the petitioners immediately upon a receipt of a copy of
this order and at any rate on or before 31.10.2025.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SV/SRL
