(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
petitioner, Sri.Girish Kumar. R, learned counsel appearing
2. This petition has been filed seeking the
"i. Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing
the impugned order dated 22.01.2026 issued
by the 1st Respondent-University, Annexure-J
insofar as it imposes a penalty of
Rs.75,00,000/- and other extraneous
conditions, as being arbitrary, illegal and
without authority of law; and
ii. Direct the Respondents to permit Petitioners
No.2 to 10 to appear in all examinations
scheduled from 18.02.2026 onwards, to
announce their results, and to allow them to
continue the BAMS course without interruption,
in accordance with law by issuing formal letter
of approval of admissions; and
iii. Pass such other order or orders as this Hon'ble
Court may deem fit in the interests of justice,
equity and good conscience."
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3. As far as the prayer No. 1 is concerned, learned
counsel for the respondent No.1 has fairly stated that the
order dated 01.09.2025 of the Division Bench of this Court
in W.P.No.18100/2024, insofar as it directed imposition of
cost of Rs.75,00,000/- (Rupees Seventy Five Lakhs only)
has been stayed by the Supreme Court by means of an
order dated 18.12.2025, passed in Special Leave Petition
(Civil) Diary No.70675/2025 and therefore, payment of
the cost would be subject to the outcome of the aforesaid
petition before the Supreme Court. The petitioner No.1
shall abide by the decision of the Supreme Court in this
regard. As far as the imposition of cost of Rs.75,00,000/-
is concerned, admittedly, petitioner Nos.2 to 10 have got
nothing to do with the same. It is only the petitioner No.1-
Institution who would be saddled with the liability of
paying the amount should the petition pending before the
Supreme Court fail.
4. Insofar as prayer No.2 is concerned, it is on
record that the petitioners had filed writ petition
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No.14484/2023, seeking to challenge an order passed by
the respondent-University dated 23.05.2023, inter-alia to
accord admission to the petitioner Nos.1 to 10 therein. The
writ petition came to be disposed of, with a direction to
the respondent-University to extend similar benefits given
to petitioner-students in the aforesaid W.P.No.18100/2024
and connected matters without any further delay,
announce the results and permit the students to continue
in accordance with law. The petitioner Nos.2 to 10 had
obtained admission in the petitioner No.1-Institution. The
procedure adopted for admission was objected to by the
University, which was subject matter of challenge in
W.P.No.14484/2023. Petitioner Nos.2 to 10 were
permitted to continue as students, which was subject to
the final order passed in the writ petition. This fact is not
disputed by the learned counsel for the respondents.
5. Pursuant to the Judgment dated 24.09.2025
passed in the aforesaid W.P.No.14484/2023, the
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petitioners were permitted to appear in the examinations
and they are now in the second year.
6. Respondent No.1 issued a letter dated
18.10.2025 to the Registrar (Evaluation) of the
respondent No.1-University, on the subject of
announcement of results and permission for 10 students
shown in the letter to appear for ensuing BAMS
examination at the petitioner No.1-Institution for the year
2022-2023. A direction was issued to the Registrar
(Evaluation), to announce the results of the specified 10
students and to permit them to appear for the ensuing
BAMS examination admitted for the year 2022-2023.
7. It is noted that though the names of 10
students were mentioned in the letter, only 9 of the
candidates have filed this petition. One candidate, Mehdi
Hasan, whose name appears at Sl.No.3 in the list of
students of the aforesaid letter dated 18.10.2025 has
chosen not to file this writ petition, as he has discontinued
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the Course, as per the submission of learned counsel for
the petitioners.
8. Under these circumstances, the petitioners are
aggrieved by the impugned order dated 22.01.2026, to
the extent of its directing submission of list of all the
illegally admitted students for the academic year 2022-
2023, to the KEA and in turn, the KEA must send the list
of eligible students to the respondent No.1-University.
9. As far as the direction regarding submission of
list of eligible students to the University by the KEA, after
submission of the list of students admitted illegally for the
academic year 2022-2023 by the petitioner No.1-
institution, there cannot be any cavil to the fact that the
proper procedure regarding counselling and the aspect of
eligibility is to be assessed by the KEA. It is the KEA that is
vested with the powers to undertake such an exercise in
accordance with the National Commission for Indian
System of Medicines (Minimum Standards of
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Undergraduate Ayurveda Education) Regulations, 2022.
Moreover, in the aforesaid letter of 18.10.2025, by which
the petitioners-students were permitted to appear for the
ensuing BAMS examination admitted for the year 2022-
2023, it is mentioned in that letter as follows:
"Note: Announcement of results and Permitting the
students to appear for the Next/Future
Examination are subject to the approval of
admission of the above students on the
compliance of conditions imposed in the
W.P.No.18100/2024 by this College."
10. Therefore, there is no dispute that the
respondent No.1-University had directed that the condition
imposed by this Court in the aforesaid W.P.No.18100/2024
is required to be complied with, that is to say, the
eligibility of the candidates has to be duly assessed prior
to granting approval of their admission by the concerned
Authorities.
11. Sri.N.K.Ramesh, learned counsel for the KEA in
his usual fairness has stated that the KEA will take a
decision as to the eligibility of petitioner Nos.2 to 10,
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subject to the petitioner No.1 furnishing the details along
with the eligibility credentials of the students.
12. In view of the aforesaid, we direct that the
petitioner No.1-Institution shall furnish the eligibility
credentials along with all relevant documents to the KEA in
respect of petitioner Nos.2 to 10 within a week from today
that is to say on or before the closure of office hours on
24.02.2026. Thereafter, the KEA will take a decision on
the eligibility of the petitioner Nos.2 to 10 on or before
27.02.2026, and the same shall be communicated/
uploaded on KEA website as per the procedure prescribed.
13. It is made clear that the KEA will consider the
eligibility of petitioner Nos.2 to 10 only when all the
petitioners give an unequivocal and unconditional
undertaking before the KEA by means of their respective
affidavits, stating that the decision of the KEA shall be
binding on them and they will accept the same. This is
being done in view of the fact that petitioner Nos.2 to 10
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who were illegally admitted, have been permitted to
continue in the course only under interim orders of this
Court passed in previous writ petitions and have been
permitted to appear in examinations only by the orders of
this Court. Such a state of affairs cannot be permitted to
continue indefinitely. This undertaking shall be furnished
within 24 hours.
14. The respondent No.1-University shall declare
the result of those students whose eligibility has been
cleared by the KEA.
15. Under the facts and circumstances, we permit
petitioner Nos.2 to 10 to appear in the examinations that
are stated to be held from tomorrow i.e., 18.02.2026 till
16.03.2026. It is made clear that if the aforesaid
undertaking is not furnished by the petitioner Nos.2 to 10
within 24 hours, they shall not be permitted to appear in
the forthcoming examinations which are commencing from
tomorrow. The counsel for the respondent - University is
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required to communicate this order to the University as
soon as possible.
16. With the aforesaid observations, this petition
stands disposed of.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
RR
List No.: 1 Sl No.: 1
