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Karnataka High Court
Azhar Saiyad vs The Union Of India on 18 February, 2026
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WA No. 200063 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO.200063 OF 2026 (EDN-EX)
BETWEEN
1. AZHAR SAIYAD,
AGED ABOUT 19 YEARS,
OCC: 1ST YEAR BAMS STUDENT,
TALUKA SHIKSHANA PRASARAK SAHAKARA MANDALL'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
REG. NO.21A5035.
2. TALUKA SHIKSHANA PRASARAK SAHAKARA MANDALI,
SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE SOCIETY REGISTRATION ACT,
HAVING ITS OFFICE AT SHAHAPUR ROAD,
Digitally signed
by SACHIN SINDAGI - 586 128.
Location: HIGH VIJAYAPURA DISTRICT.
COURT OF
KARNATAKA REPRESENTED BY ITS CHAIRMAN
DR. SHANTVEER
S/O. MALLAPPA MANAGULI.
3. TALUKA SHIKSHANA PRASARAK SAHAKARA MANDALI'S,
AYURVEDIC MEDICAL COLLEGE AND HOSPITAL,
SHAHAPUR ROAD, SINDAGI - 586 128.
VIJAYAPURA DISTRICT.
REPRESENTED BY ITS PRINCIPAL.
...APPELLANTS
(BY SRI SUDARSHAN M., ADVOCATE)
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WA No. 200063 of 2026
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AND
1. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF AYURVEDA,
YOGA AND NATUROPATHY, UNANI,
SIDDHA AND HOMEOPATHY (AYUSH),
MINISTRY OF HEALTH AND FAMILY
WELFARE GOVERNMENT OF INDIA,
NORTH BLOCK, NEW DELHI - 110 001.
2. NATIONAL COMMISSION FOR INDIAN SYSTEM
OF MEDICINE (NCISM), 61-65, INSTITUTIONAL AREA,
JANAKPURI, NEW DELHI - 110 058.
REPRESENTED BY ITS SECRETARY.
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR BANGALORE - 560 011.
REPRESENTED BY ITS REGISTRAR.
4. KARNATAKA EXAMINATION AUTHORITY,
18TH CROSS, SAMPIGE ROAD MALLESHWARAM,
BENGALURU 560 012.
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
....RESPONDENTS
(BY SRI SUDHIRSING R.VIJAPUR, DSGI FOR R1 AND R2;
SRI R.J.BHUSARE, ADVOCATE FOR R3;
SRI BASAVARAJ R.MATH, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO, CALL FOR
RECORDS ON THE FILE OF THE LEARNED SINGLE JUDGE IN WP
NO.200704/2026 AND SET ASIDE THE ORDER DATED
16.02.2026 PASSED IN WP NO.200704/2026 BY THE LEARNED
SINGLE JUDGE, AND THEREBY BY DIRECTING THE
RESPONDENT NO.3/RGUHS TO RELEASE THE EXAM FORMS BY
PERMITTING THE PETITIONER NO.1 STUDENTS TO APPEAR
FOR ENSUING EXAMS OF BAMS COURSE 1ST, 2ND, 3RD AND
4TH YEAR, WHICH COMMENCES FROM 18.02.2026 AFTER
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WA No. 200063 of 2026
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COLLECTING THE REQUISITE EXAMINATION FEES, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ)
The appellants are before this Court aggrieved by the
refusal to grant an ex parte interim order in W.P.No.
200704/2026.
2. Briefly stated, the facts are that the appellants
Nos.2 and 3 had sought permission to establish the
appellant No.3 which was refused and a first appeal filed
by the appellant Nos.2 and 3 was dismissed. Following
this, a second appeal was filed. An order passed by the
Appellate Authority was challenged before this Court in
W.P.No.201955/2023 and connected petition, where a
further relief was sought for to permit the institution to
continue the admission of students for the 1st year BAMS
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course during the academic year 2021-2022 and also not
to withhold the results of the students in the coming years
till the final adjudication of the dispute by the regulatory
authorities. The said writ petitions were disposed off
directing the reconsideration of the second appeal filed by
the appellants Nos.2 and 3 by or before 31.03.2026. Since
the second appeal of the appellant Nos.2 and 3 was not
considered, they along with the appellant No.1 filed W.P.
No.200704/2026 for a direction to permit the students to
appear for the upcoming 1st, 2nd, 3rd and 4th year
examinations and also not to withhold the results of the
students and to regularise the admissions of the students
admitted in the year 2021-22. An interim relief was also
sought for to direct the RGUHS to release the examination
forms by permitting the appellant No.1 to appear for the
upcoming examinations of BAMS course of 1st, 2nd, 3rd and
4th years, which commenced from 18.02.2026.
3. The learned Single Judge did not feel it
appropriate to grant an ex parte interim order permitting
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the appellant No.1 to take up the examination. Therefore,
the appellants are before this Court.
4. The learned counsel for the appellants
submitted that the issue regarding the permission to
establish the appellant No.3 is pending consideration
before the regulatory authorities and therefore pending
disposal of the same, the appellant No.1 be permitted to
take up the examination. He submits that denial to take up
the examination would cause hardship and injury to the
appellant No.1. He therefore prays that pending disposal
of the writ petition before the learned Single Judge,
permission be granted to the appellant No.1 to take up the
examination.
5. The learned counsel for the respondent Nos.2
and 3 who would submit in unison that the question
whether the appellant No.3 is entitled to establish an
Ayurvedic College is pending consideration before the
respondent No.2 and therefore allowing the student to
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complete his course would tantamount to regularising an
illegality. They therefore submit that unless the said issue
is considered, the appellant No.1 cannot be granted any
permission to take up the examination.
6. The learned counsel for the respondent No.3
submits that the examination notification was issued in
December, 2025 and that the appellants have waited till
the last date and have approached this Court belatedly. He
therefore submits that no indulgence can be shown to the
appellants.
7. The learned counsel for the respondent No.4
submits that the respondent No.4 would abide by any
order passed by this Court.
8. We have considered the submissions of the
learned counsel for the appellants and the learned counsel
for the respondents.
9. As rightly contended by learned counsel for the
appellants, the permission sought for the by the appellant
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Nos.2 and 3 to admit students during the academic year
2021-22 was rejected in terms of an order dated
25.11.2021 and 18.01.2022. The appellant Nos.1 and 2
preferred and appeal in terms of Section 29(6) of the
NCISM Act, 2020. The said appeal was rejected by the
Union of India vide order dated 22.12.2022. The
appellants challenged the said order before this Court in
W.P.Nos.201955/2023 and 201728/2024. The said writ
petition was disposed off directing the reconsideration of
the appeal filed by the appellant Nos.2 and 3 by or before
31.03.2026. Contemporaneously, the learned Single
Judge directed RGUHS to announce the results of the
examinations already taken up during August and
September, 2025. The Appellants claim that the
examination for the 1st, 2nd, 3rd and 4th years have
commenced from 18.02.2026 and therefore the appellants
filed W.P.No.200704/2026, wherein an interim order was
sought for to permit the appellant No.1 to take up the
examination. Having regard to the fact that the appellant
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No.1 was permitted to take up the examination earlier, it
would not be appropriate to deny him the permission to
take up the examination although he had approached the
Court belatedly.
10. Therefore, without going into the merits of the
contentions urged by the appellants which is pending
consideration before the learned Single Judge, we deem it
appropriate to permit the appellant No.1 to take up the
examination that has commenced from 18.02.2026 as not
doing so would be depriving the appellant No.1 of a lawful
opportunity to complete the course. It is made clear that
the permission granted by this Court is always subject to
the outcome of the writ petition before the learned Single
Judge.
11. Hence, the writ appeal is allowed. The
respondent No.3 is directed to issue the examination
forms to the appellants so as to enable the appellant No.1
to take up the remaining examination for the BAMS course
1st, 2nd, 3rd and 4th years, which has commenced from
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18.02.2026 after collecting the requisite examination fee
including the late fee, if any.
12. The learned counsel for the respondent No.3 is
directed to intimate the respondent No.3 about this order
and also instruct the respondent No.3 to comply with the
same and enable the appellant No.1 to take up the
remaining examinations. The appellants shall not claim
any equity in the event the writ petition before the learned
Single Judge is dismissed. This order is subject to the
outcome of the writ petition before the learned Single
Judge.
In view of disposal of the main appeal, all pending
interlocutory applications stand disposed off.
Sd/-
(R.NATARAJ)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
BL/List No.: 2 Sl No.: 2
