Kerala High Court
Kerala State Indian System Of Medicine ... vs Union Of India on 17 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 10508 OF 2025
PETITIONERS:
1 KERALA STATE INDIAN SYSTEM OF MEDICINE SELF-
FINANCING COLLEGE MANAGEMENT ASSOCIATION (KISMA)
REG. NO. CA 444/11, REGD. OFFICE: PNNM AYURVEDA
MEDICAL COLLEGE, CHERUTHURUTHY, SHORANUR P.O.,
PALAKKAD DISTRICT, REPRESENTED BY THE PRESIDENT,
DR. K. THULASEEDHARAN NAIR, PIN - 679531.
2 AHALIA AYURVEDA MEDICAL COLLEGE
AHALIA CAMPUS, KOZHIPPARA (PO), PALAKKAD,
REPRESENTED BY THE VICE PRESIDENT-ACADEMICS,
AHALIA INTERNATIONAL FOUNDATION MR. RAJITHAN EPB,
PIN - 678557.
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF AYUSH,
AYUSH BHAWAN, B BLOCK, GPO COMPLEX, INA,
NEW DELHI, PIN - 110023.
W.P.(C)No.10508 of 2025
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2 THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF
MEDICINE, MINISTRY OF AYUSH, GOVERNMENT OF INDIA,
PLOT NO. T-19, 1ST AND 2ND FLOOR, BLOCK IV,
DHANWANTARI BHAWAN ROAD, NO. 66, PUNJABI BAGH
(WEST), NEW DELHI, REPRESENTED BY THE SECRETARY,
PIN - 110026.
3 AYUSH ADMISSIONS CENTRAL COUNSELLING COMMITTEE
(AACCC), MINISTRY OF AYUSH, AYUSH BHAWAN, 'B'
BLOCK, GPO COMPLEX, INA, NEW DELHI, REPRESENTED
BY THE SECRETARY, PIN - 110023.
4 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
5 THE SECRETARY
DEPARTMENT OF AYUSH, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
6 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, 7THFLOOR, KSRTC BUS TERMINAL
COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM,
PIN - 695001.
7 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., MULANKUNNATHUKAVU,
THRISSUR, REPRESENTED BY THE REGISTRAR,
PIN - 680596.
BY ADVS.
SRI.BINNY THOMAS
SRI.P.SREEKUMAR (SR.)
W.P.(C)No.10508 of 2025
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SRI.G. PRAMOD. SPL.GOVERNMENT PLEADER
SRI. T.C. KRISHNA., DSGI-IN-CHARGE
SRI. M.S. KIRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 17th day of March, 2025
The petitioners are aggrieved by the inaction and the
inconsistency of the 6th respondent in following the guidelines
issued by the 2nd respondent, which facilitates an all India
culture, by enabling the admission for eligible candidates from
all over the country, wherein they are allowed to participate in
the admission process. Thereby, a mosaic culture is introduced
in the academic environment and further by ensuring
admissions in a transparent manner, following the dictums laid
down by the Hon'ble Apex Court, contend the petitioners.
2. While issuing Clause 6.1 of the Prospectus,
the State Government and the 6 th respondent have once again
availed the opportunity to take over the entire seats of the
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Management according to their likes, which eventually will result
in nationalisation of seats in the matter of admission, a concept
which has been disapproved by the Hon'ble Apex Court.
Hence, Clause 6.1 of Ext.P1 Prospectus is under challenge,
contend the petitioners.
3. Senior Counsel for the petitioners pointed out
that a writ appeal has been preferred against Ext.P3 judgment
as W.A.No.1744 of 2024, as evident from Exts.P4 to P6 orders,
which is pending consideration before a Division Bench of this
Court.
4. I have heard the learned Senior Counsel
assisted by the Counsel for the petitioners and learned Special
Government Pleader representing respondents 4 to 6.
5. Going through the pleadings, I find that a
learned Single Judge of this Court has already considered the
issue and has delivered Ext.P3 judgment in W.P.(C) No.33768
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of 2024, which goes against the petitioners. As this Court has
already passed a judgment, I am inclined to follow Ext.P3
judgment.
The writ petition is accordingly dismissed in the light of
Ext.P3 judgment.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 10508/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
PROSPECTUS, INCLUDING THE GUIDELINES ISSUED
BY THE 6TH RESPONDENT
Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.
NCISM/COE/NEET-UG/2024 DATED 22.8.2024
ISSUED BY THE ISSUED BY THE 2ND RESPONDENT
Exhibit P2(a) TRUE COPY OF THE ORDER NO.
NCISM/EXAMINATIONS/STATE DME/2024 DATED
03.09.2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 23.10.2024
IN W.P(C) NO. 33768 OF 2024 RENDERED BY THE
LEARNED SINGLE JUDGE
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED
04.11.2024 IN W.A NO. 1744 OF 2024 PASSED BY
THIS HON'BLE COURT.
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
27.11.2024 IN W.A NO. 1744 OF 2024 PASSED BY
THIS HON'BLE COURT.
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER DATED
03.12.2024 IN W.A NO. 1744 OF 2024 PASSED BY
THIS HON'BLE COURT.
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER BEARING
G.O.(RT)NO.469/2024/AYUSH DATED 11.12.2024.
Exhibit P8 THE LIST OF MEMBER COLLEGES HAVING
MEMBERSHIP IN THE 1ST PETITIONER ASSOCIATION
