Karnataka High Court
Sri. Balaji Education Trusts vs Rajiv Gandhi University Of Health ... on 1 September, 2025
-1-
WP No. 18100 of 2024 and
Connected Matters
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 18100 OF 2024 (EDN-MED ADM)
C/W
WRIT PETITION No. 16296 OF 2024 (EDN-RES),
WRIT PETITION No. 18571 OF 2024 (EDN-RES),
WRIT PETITION No. 5388 OF 2025 (EDN-RES)
IN W.P.No.18100/2024:
BETWEEN:
1. T M A E SOCIETY'S
AYURVEDIC MEDICAL COLLEGE
AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT-577222
Digitally signed
by VASANTHA REP BY ITS ADMINISTRATOR,
KUMARY B K SRI G HIREMATH,
Location: HIGH S/O ADAYYA
COURT OF
KARNATAKA AGED ABOUT 49 YEARS
A SOCIETY REGISTERED UNDER SOCIETIES
REGISTRATION ACT
2. MISS AIMAN SHAISTA
AGED ABOUT 20 YEARS,
D/O AMANULLA,
3. MISS ALFEEN BEGUM
AGED ABOUT 19 YEARS,
D/O HUSSAIN BAIG
-2-
WP No. 18100 of 2024 and
Connected Matters
4. MISS BI BI AYESHA
AGED ABOUT 19 YEARS,
D/O SHAFIULLA
5. MOHAMMED SUZAIN HUSSAIN
AGED ABOUT 19 YEARS,
S/O ZAKIR HUSSAIN
6. PRATHAP N S SURESH NAIK
AGED ABOUT 21 YEARS,
S/O SURESH
7. MISS SHIFA KHANUM
AGED ABOUT 20 YEARS,
D/O ZABULLA KHAN
8. MISS SNEHA SURESH HOSMANI
AGED ABOUT 21 YEARS,
D/O SURESH HOSAMANI
9. MISS SUNIDHI Y P
AGED ABOUT 21 YEARS,
D/O PRAHLAD Y
10. MISS SYEDA TASMIYA NAAZ
AGED ABOUT 20 YEARS,
D/O SYED SANAULLA,
11. MISS TASMIYA BANU
AGED ABOUT 21 YEARS,
D/O GOUSE AZAM KHAN,
12. MISS KAVANA SANKAPPA BYAGAWADI
AGED ABOUT 21 YEARS,
D/O SHANKAPPA BYAGAWADI,
13. M MOULALI
AGED ABOUT 19 YEARS,
S/O M SHAKEER SAHEB
14. MISS ZAIBA KHANUM
AGED ABOUT 21 YEARS,
D/O FAYZ' KHAN ,
-3-
WP No. 18100 of 2024 and
Connected Matters
15. MISS K PAVITRA PAI
AGED ABOUT 21 YEARS,
D/O K PRAKASH PAI,
16. MISS FIZA B
AGED ABOUT 24 YEARS,
D/O BAHSA SAB,
17. MISS RIYAFIRDOS F KOLKAR
AGED ABOUT 20 YEARS,
D/O FAIJALAALI,
18. MISS AASTHA
AGED ABOUT 19 YEARS,
D/O SHIV PRAKASH ,
19. NIYAZ AHAMED M KHAZI
AGED ABOUT 20 YEARS,
S/O MAINUDDIN,
20. MR GODBHARLE RUSHIKESH NIVRATTI
S/O NIVRATTI
AGED ABOUT 20 YEARS,
21. MISS SHELKE PRAGATI SHIVAJI
AGED ABOUT 20 YEARS,
D/O SHIVAJI HARISCHANDRA SHELKE
PETITIONERS 2 TO 21 ARE STUDENTS
OF I YEAR B.A.M.S, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT-577222.
...PETITIONERS
(BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR
SRI. ANIL KUMAR.R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DIRECTORATE OF AYUSH,
DHANVANTRI ROAD,
-4-
WP No. 18100 of 2024 and
Connected Matters
BENGALURU-560009
REP BY ITS DIRECTOR.
2. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REP BY ITS REGISTRAR.
3. UNION OF INDIA
MINISTRY OF AYURVEDA,
YOGA AND NATUROPAHTY,
UNANI SIDDHA AND HOMEOPATHY (AYUSH)
AYUSH BHAVAN, B BLOCK,
G.P.O COMPLEX, INA,
NEW DELHI-110023
REP BY ITS SECRETARY /SPECIAL SECRETARY.
4. NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE,
JAWAHARLAL NEHRU BHARTIYA
CHIKITSA AVAM HOMEOPATHY
ANUSANDHAN BHAWAN,
No.61-65, INSTITUTIONAL AREA,
JANAKIPURI D-BLOCK,
NEW DELHI-110058
REP BY ITS SECRETARY.
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R-1;
SRI. VARUN SAI Y., ADVOCATE FOR
SRI. SACHIN B.S., ADVOCATE FOR R-2;
SMT. SWATI C.KAMAT, CGC FOR R-3;
SMT. MANASI KUMAR., ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
GRANT THE FOLLOWING RELIEFS ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER
DIRECTING THE 2ND RESPONDENT TO APPROVE THE
ADMISSION LIST OF PETITIONERS-2 TO 21 FOR BAMS
WP No. 18100 of 2024 and
Connected Matters
COURSE, ALREADY ADMITTED BY THE PETITIONER NO.1-
INSTITUTION FOR THE YEAR 2022-23, AND PERMIT THEM TO
CONTINUE THEIR STUDIES, ETC.
IN W.P.No.16296/2024:
BETWEEN:
1. ACHUTHA AYURVEDIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE,
GOPALPURA, BAGUR POST,
BENGALURU- 562149
REP. BY ITS PRINCIPAL,
DR. MANJUNATH PUJERI,
S/O MR. SIDDAPPA PUJERI, AGED 40 YEARS.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY,
UNANI SIDDHA AND HOMOEOPATHY (AYUSH),
AYUSH BHAVAWAN
'B' BLOCK, G.P.O COMPLEX, INA,
NEW DELHI-110 023.
REPRESENTED BY ITS SECRETARY/
SPECIAL SECRETARY.
2. NATIONAL COMMISSION FOR INDIAN
SYSTEM OF MEDICINE,
JAWAHARLAL NEHRU BHARTIYA CHIKITSA
AVAM HOMEOPATHY ANUSANDHAN BHAWAN,
NO.61-65, INSTITUTIONAL AREA,
JANAKPURI D-BLOCK,
NEW DELHI - 110058.
REPRESENTED BY IS SECRETARY.
3. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE DEPARTMENT,
DIRECTORATE OF AYUSH, M.S. BUILDING,
WP No. 18100 of 2024 and
Connected Matters
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
REPRESENTED BY ITS SECRETARY.
4. KARNATAKA EXAMINATIONS AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM, BENGALURU-560012,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
5. THE RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 041.
REPRESENTED BY ITS REGISTRAR.
6. KUM.NAVOMI.N,
D/O SRI. NAGENDRA.N,
AGED ABOUT 22 YEARS,
R/AT No.495, BESTAGERI,
CHAMARAJ MOHALL,
MYSORE-570 004.
...RESPONDENTS
(BY SMT. SWATI C.KAMAT, CGC, FOR R-1;
SMT. MANASI KUMAR, ADVOCATE FOR R-2;
SRI. SUDEV HEGDE, AGA FOR R-3;
SRI. N.K.RAMESH, ADVOCATE FOR R-4;
SRI. VARUN SAI Y, ADVOCATE FOR
SRI. SACHIN B.S., ADVOCATE FOR R-5;
SRI. VENKATESH R.BHAGAT, ADVOCATE FOR
IMPLEADING IA.1/25 AND IA.2/25 (V/C))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS OR SUCH OTHER APPROPRIATE WRIT, DIRECTING
THE RESPONDENTS No.2 - NCISM AND No.5-RGUHS TO
APPROVE THE ADMISSIONS OF THE 60 STUDENTS ADMITTED
TO THE UG BAMS COURSE FOR THE ACADEMIC YEAR 2022-23
AT THE PETITIONER INSTITUTION AND TO DECLARE THAT THE
WP No. 18100 of 2024 and
Connected Matters
SAID STUDENTS ARE ENTITLED FOR THE CONTINUATION OF
THEIR STUDIES; WITHOUT INTERFERENCE, ETC.
IN W.P.No.18571/2024:
BETWEEN:
1. SRI. BALAJI EDUCATION TRUSTS
RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE,
HOSPITAL AND RESEARCH CENTRE,
NO. 54/2, RAMAGONDANAHALLI,
YELAHANKA,
BENGALURU-560 064,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
MR. ANIL KUMAR,
S/O. LATE K. GOPINATH PILLAI,
AGED ABOUT 57 YEARS.
...PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK,
JAYANAGAR,
BENGALURU-560 041,
REPRESENTED BY ITS REGISTRAR.
2. NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM
HOMEOPATHY ANUSANDHAN BHAWAN,
NO. 61-65, INSTITUTIONAL AREA,
JANAKPURI D BLOCK,
NEW DELHI-110 058,
REPRESENTED BY ITS SECRETARY.
3. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD,
18TH CROSS,
WP No. 18100 of 2024 and
Connected Matters
MALLESHWARAM,
BENGALURU-560 012,
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
...RESPONDENTS
(BY SRI.VARUN SAI.Y., ADVOCATE FOR
SRI. SACHIN B.S., ADVOCATE FOR R-1;
SMT. MANASI KUMAR, ADVOCATE FOR R-2;
SRI.N.K.RAMESH, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE 1-RGUHS TO APPROVE THE ADMISSIONS OF THE
31 STUDENTS ADMITTED TO THE UNFILLED/VACANT UG BAMS
SEATS FOR THE ACADEMIC YEAR 2022-23 AT THE PETITIONER
INSTITUTION AND TO PERMIT THEM TO CONTINUE IN THE
COURSE OF STUDY, WITHOUT INTERFERENCE, ETC.
IN W.P.No.5388/2025:
BETWEEN:
1. T.M.A.E. SOCIETYS
AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
REP. BY ITS ADMINISTRATOR,
SRI G. HIREMATH
S/O ADAYYA,
2. AATHIFA AMEENA
D/O FAXLUR REHMAN,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
3. ABUBAKKAR SIDDIQ
S/O MOHIBULLA,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
WP No. 18100 of 2024 and
Connected Matters
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
4. ADITHI DAS NAIDU H
D/O V HARISH BABU,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT 577222.
5. AFNAN AHAMED
S/O MASROOR AHAMED,
AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222
6. AYESHA ANJUM
D/O AKRAM KHAN, AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
7. AYMAN NAZ
D/O MOHAMED ALI,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
8. BHAVANA K
D/O KARIBASAPPA H,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
- 10 -
WP No. 18100 of 2024 and
Connected Matters
9. DHANANJAY KUMAR R GANGER
S/O RAMU B G,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
10. GURUPADAYYA
S/O MALLIKARJUN,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
11. IMAN HUDA
D/O ABBAS ALI BAIG,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
12. KAVYA MAHESHGOUDA MARIGOUDRA
D/O MAHESHGOUDA
RAMANAGOUDA MARIGOUDRA,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
13. KEERTHAN L
S/O LINGARAJA,
AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
- 11 -
WP No. 18100 of 2024 and
Connected Matters
14. MOHAMMED FAZIL
S/O ASHFAQ AHAMED,
AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
15. MOHAMMED SUHAIL
S/O AYUB SHAREEF,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
16. MAHAMMED KAIFUDDIN VK
S/O KALEEMUDDIN,
AGED ABOUT 24 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
17. NADEEM KHAN
S/O FAIYAZ KHAN,
AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
18. NIDA NAAZ
S/O SYAD FASIULLA,
AGED ABOUT 19 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
19. PATHAN KASHMOOR CHANDKHAN
S/O CHAND KHAN,
AGED ABOUT 22 YEARS,
- 12 -
WP No. 18100 of 2024 and
Connected Matters
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
20. RUQAIYA TABASSUM R
D/O MOHAMMED RAFIULLA,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS, HALEJEDIKATTE,
NIDIGE POST,
SHIMOGA DISTRICT - 577222.
21. SADIYA HARMAIN
D/O SYED NOOR AHMED,
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
22. SAFWANA TABASSUM
D/O AHALULLA JHAN,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
23. SING PRIYANKA SATYANARAYAN
D/O SATYANARAYAN,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS, HALEJEDIKATTE,
NIDIGE POST, SHIMOGA DISTRICT - 577222.
24. YASHAVANTHA
S/O THIPPESHAPPA,
AGED ABOUT 21 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS, HALEJEDIKATTE,
NIDIGE POST, SHIMOGA DISTRICT - 577222.
- 13 -
WP No. 18100 of 2024 and
Connected Matters
25. BURADE SHANTANU SUSHILKUMAR
S/O SUSHIL KUMAR,
AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
26. MOHAMMED FAIZAN MOHAMMED IRFAN
S/O MOHAMMAD IRFAN
AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE
AND HOSPITAL, DHANVANTRI CAMPUS,
HALEJEDIKATTE, NIDIGE POST,
SHIMOGA DISTRICT - 577222.
27. HAMBARDE WOMAN BABARAO
S/O BABARAO, AGED ABOUT 20 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS, HALEJEDIKATTE,
NIDIGE POST, SHIMOGA DISTRICT - 577222.
28. MUDALE AKANKSHA HANMANT
D/O HANMANT, AGED ABOUT 22 YEARS,
R/O AYURVEDIC COLLEGE AND HOSPITAL,
DHANVANTRI CAMPUS, HALEJEDIKATTE,
NIDIGE POST, SHIMOGA DISTRICT - 577222
...PETITIONERS
(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF AYURVEDA,
YOGA AND NATUROPATHY,
UNANI SIDDHA AND HOMEOPATHY (AYUSH),
AYUSH BHAVAN B BLOCK, G.P.O. COMPLEX,
INA, NEW DELHI-110 023
REP. BY ITS SECRETARY/SPECIAL SECRETARY
2. NATIONAL COMMISSION FOR INDIAN
SYSTEM OF MEDICINE (NCISM)
MINISTRY OF AYUSH, GOVERNMENT OF INDIA
- 14 -
WP No. 18100 of 2024 and
Connected Matters
OFF 61-65, INSTITUTIONAL AREA,
JANAKPURI,
D-BLOCK NEW DELHI-110058
REPRESENTED BY ITS SECRETARY
3. STATE OF KARNATAKA,
DIRECTORATE OF AYUSH,
DHANVANTRI ROAD,
BENGALURU-560 009
REP. BY ITS DIRECTOR.
4. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041
REP. BY ITS REGISTRAR.
5. KARNATAKA EXAMINATIONS AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM, BENGALURU-560012
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
...RESPONDENTS
(BY SMT. SWATI C.KAMAT, CGC FOR R-1;
SMT. MANASI KUMAR, ADVOCATE FOR R-2;
SRI. SUDEV HEGDE, AGA FOR R-3;
SRI. VARUN SAI.Y, ADVOCATE FOR
SRI. SACHIN B.S., ADVOCATE FOR R-4;
SRI. N.K.RAMESH, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OF THE COMMUNICATION DATED:31.10.2025 ISSUED
BY THE R-2 NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE R-2 IN NO REF.NCISM/NEET-UG/COE/2023-24 AS
ARBITRARY AND UNSUSTAINABLE THE COPY OF THE
COMMUNICATION HEREWITH PRODUCED AS ANNEXURE-A,
ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 05.08.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, D K SINGH J., PRONOUNCED
THE FOLLOWING:
- 15 -
WP No. 18100 of 2024 and
Connected Matters
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
CAV ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
W.P.Nos.18100/2024 and 5388/2025
In W.P.No.18100/2024, petitioner No.1 is an Ayurvedic
Medical College established in the year 1992. The said college
is run by TMAE Society, currently registered under the Societies
Registration Act, 1860. Petitioner Nos.2 to 21 have been
admitted for the 1st year BAMS course during the academic
year 2022-2023 in petitioner No.1-college. In the second writ
petition i.e., W.P.No.5388/2025, petitioner Nos.2 to 28 are
students admitted in the 1st year BAMS course for the academic
year 2023-2024.
2. Petitioner No.1 is affiliated to the Rajiv Gandhi University
of Health Sciences (RGUHS), who are respondent Nos.2 and 4
respectively in the aforesaid writ petitions. The National
Commission for Indian System of Medicine (NCISM), which is
respondent Nos. 4 and 2 respectively, is the statutory body
constituted under the provisions of the National Commission for
- 16 -
WP No. 18100 of 2024 and
Connected Matters
Indian System of Medicine Act, 2020 ('NCISM Act 2020'). The
NCISM is responsible to regulate educational and professional
conduct and it is authorised as well as empowered to maintain
the standards of Indian system of medicine. It is also
empowered inter alia to approve the colleges for taking
admission of the students as per the sanctioned intake. The
NCISM is the body to oversee the admissions and sanctioned
intake of students of different colleges approved by it and
regulates the admissions. The petitioner-college has the
sanctioned intake of 60 students for the BAMS degree.
Petitioner Nos.2 to 21 in W.P.No.18100/2024 were admitted by
the petitioner-college for the academic year 2022-2023 without
undergoing the process of the counselling conducted by the
Karnataka Examination Authority (KEA). These students have
been admitted by the petitioner-college on their own. Similarly,
petitioner Nos.2 to 28 in Writ Petition No.5388/2025 have been
admitted by the petitioner-college on their own, without the
process of counselling conducted by the KEA.
3. The State Government has appointed the KEA for
regulating the admissions of the students to the professional
colleges through counselling process as per the inter se merit of
- 17 -
WP No. 18100 of 2024 and
Connected Matters
the students including BAMS degree. The State Government
provides college-wise and category-wise seat matrix for all the
colleges and makes it available to the KEA for 'communication
to offer' through online counselling. The entire admission
process commences from registration, academic eligibility
prescribed for each of the course, the type of seats available for
each of the category including reservation category etc. This
information is made available for the students through e-
information bulletin published well in advance.
4. The petitioner-college, which has the intake capacity of
60 students for the BAMS course, have submitted a list of only
36 admitted students along with the original documents and
prescribed fees to the RGUHS. After verification, the University
approved the admission of only 26 students out of the list of 36
admitted students. The admissions of 10 students were not
approved due to absence of KEA allotment letters which was
communicated by the University in the letter dated 12.05.2023
to the petitioner-college.
5. The petitioner-college did not upload the admissions of
petitioner Nos.2 to 21 in W.P.No.18100/2024 for the academic
year 2022-2023 and as such, their names were not entered in
- 18 -
WP No. 18100 of 2024 and
Connected Matters
the Admission Online Portal for the academic year 2022-2023.
Petitioners Nos.2 to 21 have also not submitted the allotment
letters to the KEA nor have they produced the original
documents and also have not submitted the prescribed fees.
6. Similarly, in W.P.No.5388/2025, the KEA had allotted only
26 students to the petitioner-college after three rounds of
counselling i.e., 20 after the first round and 3 each after the
second and third rounds. The petitioner-college has admitted
petitioner Nos.2 to 28 on their own.
7. The petitioner-college and the students have filed these
writ petitions seeking approval of the admission of the
students.
8. The petitioner-Trust has established Ramakrishna Medical
Hospital and Research Centre with the requisite permissions
from the Central Government and the State Government. The
said college is affiliated to RGUHS. The petitioner-college has
been imparting education for BAMS course since 1999. In the
academic year 2022-23, the NCISM-respondent No.2 had
sanctioned 60 seats in the college for admission to
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Undergraduate BAMS course. The last date for admission to
BAMS course for the academic year 2022-23 was 04.03.2023.
After three rounds of counselling, total number of 29 students
were allotted seats in the said college for taking admission for
BAMS course.
9. The petitioner-college had admitted 31 students on their
own without the process of counselling and allotment made by
the KEA. According to the petitioner-college, the details of 60
students i.e., 29 allotted by the KEA and 31 admissions made
by the college on its own were sent to RGUHS for approval.
However, the RGUHS has approved only 29 students and did
not approve the admissions of 31 students by the petitioner-
college on its own.
10. This writ petition has been filed by the college seeking a
writ of mandamus directing the RGUHS to approve the
admission of 31 students admitted by the college on its own for
BAMS course for the academic year 2022-23.
11. The petitioner-college has started imparting BAMS course
after obtaining necessary permissions and approvals from the
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Central Government, State Government, NCISM and RGUHS
since the year 2021-22. For the academic year 2022-23,
NCISM denied the permission vide communications dated
30.12.2022 and 08.02.2023 for admission of the students for
BAMS course offered by the college with intake of 60 seats.
The said communications issued by the NCISM have been
challenged before this Court in W.P.No.3595/2023 and this
Court, vide interim order dated 17.02.2023, had directed the
respondent-authorities including the KEA to include the name of
the petitioner-institution in the ongoing counselling for
admission for the academic year 2022-23. The name of the
petitioner-institution was included in the third mop-up round of
counselling and a total 21 seats out of 60 seats were filled up
through counselling conducted by the KEA. The balance of the
vacant 39 seats was filled up by the institution on its own.
12. The writ petition filed by the petitioner-college, being
W.P.No.3595/2023, was allowed by this Court vide judgment
and order dated 31.03.2023. The NCISM has filed Special
Leave Petition (C) No.23488/2023 before the Hon'ble Supreme
Court. The Hon'ble Supreme Court issued notice, however, no
interim order has been granted against the judgment and order
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dated 31.03.2023 passed in W.P.No.3595/2023. It may also be
taken note of that NCISM has granted permission for taking
admission in the college for the academic year 2023-24. The
RGUHS had denied the permission for writing the exams of all
the 60 students.
13. The petitioner-institution has filed this writ petition
seeking a writ of mandamus commanding the respondents-
NCISM and RGUHS to approve the admission of 60 students
admitted by the college to the BAMS course for the academic
year 2022-23 and also to declare that the admission of 39
students by the college against the unfilled/vacant seats were
proper and legal.
14. We have heard learned counsel appearing for the parties.
15. In view of the interim orders passed, the students
admitted by the petitioner-colleges have not only studied in the
colleges, but have written their examinations and have been
promoted to III and II years respectively.
16. Before dealing with the respective submissions advanced
by the learned counsel representing the parties, it would be apt
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to take note of the relevant provisions of the Act, Rules and
Regulations.
17. Section 14(3) of the NCISM Act, 2020 provides that
NCISM shall specify, by its Regulations, the manner of
conducting admissions to all the medical institutions governed
under the Act.
18. Before coming into force of the NCISM Act, 2020, the
Indian Medicine Central Council Act, 1970 was holding the field
wherein, the minimum standards for admission, duration of
course, details of curriculum, syllabus of study and the title of
the degree or diploma etc., were governed. The provisions of
NCISM Act, 2020 came into force with effect from 11.06.2021
and in pursuance of the provisions of sub-section (1) of Section
58 of the NCISM Act, the Indian Medicine Central Council Act
was repealed with effect from 11.06.2021. The Central Council
for Indian Medicine (CCIM) constituted under sub-section (1) of
Section 3 of the Indian Medicine Central Council Act was
dissolved and NCISM, the new authority, has replaced the
CCIM. NCISM Act has been enacted to achieve the objective of
establishing the medical education system which improves
quality and affordable medical education and also ensures
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availability of adequate high quality medical professionals in all
parts of the country.
19. To achieve the aforesaid objective of the NCISM Act,
under Section 14, it has been provided that there shall be an
uniform National Eligibility-cum-Entrance Test (NEET) for
admission to the undergraduate courses in each of the
disciplines of the Indian System of Medicine in all the medical
institutions governed under the Act. The NCISM has been
entrusted under sub-section (2) of Section 14 to conduct the
NEET. The NCISM is also required under the Regulations, the
manner of conducting common counselling by the designated
authority for admission to all medical institutions governed
under the Act. Section 14 is extracted hereunder:
"14. National Eligibility-cum-Entrance
Test.--(1) There shall be a uniform National
Eligibility-cum-Entrance Test for admission to the
undergraduate courses in each of the disciplines
of the Indian System of Medicine in all medical
institutions governed under this Act:
Provided that National Eligibility-cum-Entrance
Test shall be exempted for students who have
taken admission in-
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(i) Pre-tib for Bachelor of Unani Medicine and
Surgery; and
(ii) Pre-Ayurveda for Bachelor of Ayurvedic
Medicine and Surgery.
(2) The Commission shall conduct the National
Eligibility-cum-Entrance Test in English and in
such other languages, through such designated
authority and in such manner, as may be
specified by regulations.
(3) The Commission shall specify by regulations
the manner of conducting common counselling
by the designated authority for admission to all
the medical institutions governed under this Act:
Provided that the common counselling shall be
conducted by the designated authority of--
(i) the Central Government, for All India seats;
and
(ii) the State Government, for the remaining
seats at the State level.
(4) The Commission shall specify by regulations
the manner of admission of students to
undergraduate courses who are exempted under
sub-section (1)."
20. Section 55 of the Act empowers the NCISM to frame
Regulations consistent with the provisions of the Act and the
Rules made thereunder for the purposes of carrying out the
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provisions of the Act particularly, the quality or standard to be
maintained in education of Indian System of Medicine and the
manner in which the NEET shall be conducted as provided
under sub-section (2) of Section 14 of the Act. The NCISM is
also empowered to frame Regulations regarding the manner of
conducting common counselling by the designated authority for
admission to the medical institutions and the manner of
admission of students to undergraduate courses as well as for
the postgraduate seats.
21. In exercise of the powers conferred by sub-section (2) of
Section 55, the NCISM has notified the National Commission for
Indian System of Medicines (Minimum Standards of
Undergraduate Ayurveda Education) Regulations, 2022.
Regulations 5(7)(i), 5(9) and 5(10) of the MSAE Regulations,
2022 provide as under:
"5(7)(i) All seats irrespective of category are to
be admitted through counselling only. Direct
admission by any means other than above
specified shall not be approved."
"5(9) No authority or institution shall admit any
candidate to the under-graduate programme in
contravention of the criteria or procedure laid
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down in these regulations in respect of admission
and any admission made in contravention of the
said criteria or procedure shall be cancelled by
the National Commission for Indian System of
Medicine forthwith."
"5(10) The authority or institution which grants
admission to any student in contravention of the
criteria or procedure laid down in these
regulations shall be liable accordingly, under the
relevant provisions of the Act."
22. The NCISM has also issued comprehensive guidelines for
counselling and admission for undergraduate and postgraduate
courses of Ayurveda, Siddha, Unani and Homeopathy for the
academic year 2022-23. The guidelines also specifically
stipulate that all admissions irrespective of
categories/reservations are to be filled only through online
counselling. No institution shall admit any candidate to
undergraduate or postgraduate courses in contravention of the
criteria or procedure in respect of the admissions and any
admission made in contravention are to be cancelled by the
NCISM. Further, appropriate actions would be initiated under
the MSAE Regulations of 2022 against the medical
colleges/institutions which violate or contravene the provisions
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of the Act, Rules, Regulations and guidelines. The guidelines
also provide that the institute will be held responsible in case
the students face hardship due to admission irregularities such
as, offline admissions, admissions without counselling and
admissions beyond the sanctioned intake capacity. In such
cases, the students shall be discharged from the course and the
institution, and the institution will be penalised.
23. When the NCISM came to know about the admissions
taken by the petitioner-colleges without the process of
counselling, it has issued the impugned communications to the
respective colleges for cancelling such admissions.
24. On behalf of the petitioner-colleges, it is submitted that
since all the seats could not be filled up by the KEA through
counselling, the petitioner-colleges have admitted the students
to avoid going waste the seats in the colleges in the larger
interest. All the students had taken the NEET examination and
no one has been admitted who did not participate in the NEET
examination. It is further submitted that the petitioner-
colleges are willing to furnish all the relevant information to the
KEA in respect of the students admitted by them such as, NEET
scores and their eligibility for taking admission in the BAMS
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undergraduate course in the college. It is further submitted
that the petitioner-institutions have not admitted any student
over and above their sanctioned intake of 60 students in the
academic year(s) which are subject matter of these writ
petitions.
25. The learned Senior Counsel Mr. Vivek Subba Reddy
appearing for the petitioners in W.P.No.18100/2024 has
submitted that the management of the petitioner-colleges are
well within their rights to fill up the seats when the KEA failed
to allot seats to the students against the sanctioned intake of
the colleges. He has placed reliance on a judgment of the
Single Judge of Madras High Court dated 13.05.2022 passed in
W.P.No.693/2022 and other connected writ petitions and
submitted that the right to admit the students is part of
management's right guaranteed under Article 19(1)(g) of the
Constitution of India. The seats going vacant result in huge
financial loss to the management of the educational institution
apart from being a national waste of resources. Interest of
general public is not subserved by seats being kept vacant.
Learned Senior Counsel has further submitted that the National
Medical Council has reduced its percentile to zero in
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examination for taking admissions to postgraduate medical
courses and therefore, even if the students have not scored
well in the NEET examination for taking admission to BAMS UG,
their admissions cannot be held to be illegal.
26. Paragraphs 8, 9 and 10 of the said judgment of the
Madras High Court are extracted hereunder:
"8. The Hon'ble Supreme Court clarified that the
restriction laid down in Dar-Us-Slam Educational
Trust case would apply only for admission to UG
courses and it would not apply even to PG
courses. Here we are concerned with admission
to courses imparting Indian Medicine and
Homeopathy. Therefore, on this ground, I hold
that the decision made in Venkateshwaraa case
will not have any application.
9. On the other hand, in my view, the issue
raised in these writ petitions is no longer res
integra. The Hon'ble Supreme Court in the
decision reported in 2021 SCC Online 318 [Index
Medical College, Hospital and Research Centre
Vs. State of Madhya Pradesh and Others] had
held as follows:
"26. The right to admit students which is a
part of the management's right to
occupation under Article 19 (1) (g) of the
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Constitution of India stands defeated by
Rule 12 (8) (a) as it prevents them from
filling up all the seats in medical courses.
Upgradation and selection of subject of
study is pertinent only to postgraduate
medical course. In so far as undergraduate
medical course is concerned, the
upgradation is restricted only to a better
college. Not filling up all the medical seats
is not a solution to the problem. Moreover,
seats being kept vacant results in huge
financial loss to the management of the
educational institutions apart from being a
national waste of resources. Interest of the
general public is not subserved by seats
being kept vacant. On the other hand,
seats in recognised medical colleges not
being filled up is detrimental to public
interest. We are constrained to observe
that the policy of not permitting the
managements from filling up all the seats
does not have any nexus with the object
sought to be achieved by Rule 12 (8) (a).
The classification of seats remaining vacant
due to non-joining may be based on
intelligible differentia but it does not have
any rational connection with the object
sought to be achieved by Rule 12 (8) (a).
Applying the test of proportionality, we are
of the opinion that the restriction imposed
by the Rule is unreasonable. Ergo, Rule 12
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(8)(a) is violative of Articles 14 and 19 (1)
(g) of the Constitution."
10. Respectfully applying the aforesaid ratio, I
hold that the writ petitioners-College
Managements were well within their rights to fill
up the vacant seats in the respective courses. All
the writ petitions stand allowed and the orders
impugned in the writ petitions (W.P.Nos.693,
695, 12761, 12182, 12188, 12193 and 12585 of
2022) stand quashed. No costs. Consequently,
connected miscellaneous petitions are closed."
27. Mr. N.K. Ramesh, learned counsel appearing for the KEA
has submitted that in W.P.No.18100/2024, the petitioner-
college has admitted 20 students who were not routed through
KEA counselling and the admissions made so by the college are
in violation of Regulation 5(7)(i) of the NCISM Regulations. The
college has not submitted the NEET score/rank of these 20
students for verification by the KEA to assess their eligibility for
BAMS course.
28. In respect of W.P.No.16296/2024, learned counsel for the
KEA submits that the petitioner-college has taken admission of
39 students during the academic year 2022-23 for BAMS
course and these 39 students were not routed through KEA
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counselling and therefore, these admissions are in violation of
Regulation 5(7)(i) of the Regulations. Neither the college nor
these 39 students have furnished any documents suggesting
that they had registered themselves with the KEA and had
taken NEET. Their NEET score/rank have not been furnished
for verification by the KEA and their eligibility for admission to
BAMS course. Similar submissions have been made in respect
of other writ petitions.
29. In respect of W.P.No.5388/2024, it has been submitted
by Mr. N.K.Ramesh, learned counsel appearing for the KEA that
during the academic year 2022-23, the colleges had admitted
students who were not routed through KEA counselling. Out of
27 students so admitted, only 23 had registered themselves
with KEA by uploading CET applications. Out of these 23
students, only 3 students i.e., petitioner Nos.8, 9 and 15 have
filed their respective NEET roll numbers and only petitioner
Nos.9 and 15 had completed the document verification process
and entered their options. Petitioner No.15 did not opt the
petitioner-college as one of his options. Petitioner No.9, though
entered this petitioner-college as one of his options, owing to
his low ranking, he was not allotted any seat. The cut-off
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ranking for BAMS seat is rank No.496041. The other 20
petitioners/students did not submit their NEET ranking and
therefore, the KEA is not in a position to assess whether they
are NEET qualified or not. It also appears that the remaining
20 petitioners perhaps are not part of CET or NEET
examinations.
30. The learned counsel for the KEA further submitted that
despite the KEA conducting many rounds of counselling, the
petitioners/students had failed to approach the KEA seeking
allotment of seats during 2023 counselling for BAMS course.
The KEA has conducted as many as 6 rounds of counselling up
to 30.11.2023. He, therefore, submits that the students
admitted by the colleges appear to be those who blocked their
seats with the colleges to get themselves admitted just before
the closure of the last date of admission without there being
any scrutiny of eligibility criteria by the KEA. The colleges and
students appear to be involved in seat blocking for
consideration. As the students registered for counselling did
not opt for the petitioner-colleges, the KEA could not allot the
students to the petitioner-colleges upto their sanctioned intake.
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31. It is further submitted by the KEA that in the event of
any relief being granted by the KEA, their academic credentials
and NEET eligibility are to be verified and only such of the
students who qualify the admission criteria are to be considered
for admission. Further, as a deterrent, the petitioner-
institutions should be imposed with exemplary costs for taking
admission in flagrant violation of the Regulations and the
guidelines framed by the NCISM.
32. It is submitted by Smt. Manasi Kumar, learned counsel
appearing for NCISM that the admission of the students without
the process of counselling is in violation of Regulations 5(7)(i),
5(9) and 5(10) of the NCISM Regulations. The mandate of
Regulation 5(7)(i) of the Regulations is that all seats
irrespective of category, except foreign nationals, be filled up
through counselling only. Direct admission by any institution
other than the counselling is not to be approved. Regulation
5(9) of the aforesaid Regulations does provide that any
admission made to the undergraduate programme in
contravention of the criteria or procedure laid down under
these Regulations has to be cancelled by the NCISM. Further,
the NCISM is empowered to take punitive action against the
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institution/college which grants admission to any student in
contravention of the criteria or procedure laid down under the
Regulations.
33. Placing reliance on the aforesaid Regulations, the learned
counsel appearing for the NCISM vehemently argued that these
admissions are against the Regulations and cannot be approved
and this Court should not grant approval to these illegal
admissions taken by the petitioner-institutions. In support of
her submission, learned counsel has placed reliance on the
following judgments:
1. Mani Subrat Jain & Ors. V. State of Haryana & Ors.
([1997] 1 SCC 486)
2. Abdul Ahad & Ors. V. Union of India & Ors. ([2022] 18
SCC 108)
3. A judgment passed by Co-ordinate Bench of this Court on
27.02.2025 rendered in W.A.No.941/2024 in Mr. Gadhave
Rushikesh Dadabhau & Ors. V. Rajiv Gandhi University of
Health Sciences & Ors.
34. We have considered the submissions advanced on behalf
of the petitioners and the respondents. There is no manner of
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doubt that the admissions of the students by the petitioner-
institutions beyond the allotments made by the KEA through
counselling are against Regulations 5(7)(i), 5(9) and 5(10) of
the MSAE Regulations, 2022. The petitioner-institutions may
have the right to admit the students against the sanctioned
intake, however, the admissions have to be made only in
accordance with the MSAE Regulations and the management of
the colleges is not entitled to make admissions on their own.
35. The submissions advanced by learned Senior Counsel
Mr. Vivek S. Reddy on behalf of the petitioner-institutions that
the petitioner-institutions has fundamental right to admit
students against the sanctioned intake of the students, but this
right is not an absolute right and it is subject to relevant
regulations and the procedure laid down for taking admissions.
36. If the medical institutions are allowed to take admissions
of unqualified, undeserving students to pursue the medical
courses, the very purpose and object of providing quality
medical education would get defeated. To ensure the same,
the Central Government has enacted the NCISM Act, 2020 with
object to have quality and affordable medical education and
also to ensure availability of high quality medical professionals
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in all parts of the country. The new authority has been put in
place i.e., NCISM which is vested with the powers to make
regulations for the purposes of carrying out the provisions of
the Act including providing for quality or standard to be
maintained in the education of Indian System of Medicine,
admission etc. We, therefore, are of the view that we cannot
approve the conduct of the petitioner-colleges. However, to
save the interest of the students admitted by the petitioner-
colleges over and above the allotment made by the KEA, we
direct the petitioner-colleges to furnish the details of all the
students admitted before the KEA within a period of ten days
from today for verification by the KEA about the eligibility of the
students admitted by the petitioner-colleges. The KEA will
examine the credentials of each student to find out whether
such a student was eligible for admission or not. List of all the
eligible students should be forwarded to NCISM as well as
RGUHS by the KEA, and admission of only those students shall
be approved by the said authorities.
37. The petitioner-colleges will furnish undertaking on
affidavit that in future, they will take only those students who
would be sent through counselling to the colleges by the KEA,
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and they will not admit any other student who is not sent by
the KEA through counselling, except the foreign students. This
affidavit has to be submitted by the petitioner-colleges within a
period of ten days before the NCISM and the KEA as well as
before the RGUHS.
38. As one-time measure, the students who are found to be
eligible to take admissions shall be permitted to complete their
studies of BAMS course. However, as a deterrent measure, we
impose costs of Rs.75 lakh each for two sessions on the TMAE
Society, which is the petitioner both in W.P.No.18100/2024 and
W.P.No.5388/2025 and Rs.75 lakh each on the petitioner-
colleges in W.P.No.18571/2024 and W.P.No.16296/2024. This
amount is directed to be deposited by the petitioner-colleges
within a period of four weeks from today in favour of the Armed
Forces Battle Casualties Welfare Fund, Canara Bank Savings
Bank Account No.90552010165915, IFSC Code.CNRB0019055.
The admissions of the eligible students would be subject to the
said deposit made by the petitioner-colleges within a period of
four weeks and the proof of the deposit shall be submitted by
the respective colleges before all the three authorities i.e.,
NCISM, KEA and RGUHS, including the Registry of this Court.
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39. With the aforesaid directions, these writ petitions stand
disposed off. All interlocutory applications are also closed.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
BKV
