[Cites 2, Cited by 0]

Rajasthan High Court - Jodhpur

Mukesh Kumar vs Union Of India on 11 December, 2025

[2025:RJ-JD:51498]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                     S.B. Civil Writ Petition No. 9531/2025

1.        Rahulsingh Babuji Chauhan S/o Babuji Chauhan, Aged
          About 25 Years, R/o Rangpur, Danta, Banaskantha,
          Gujarat.
2.        Sanjay Kumar Chaudhary S/o Ramabhai Chaudhary, Aged
          About 25 Years, R/o Kotada (Forana) Diyadur,
          Banaskantha, Gujarat- 385330.
3.        Chirag Kumar Prajapati S/o Dahyabhai Prajapati, Aged
          About 27 Years, R/o Mandali Ambaji, Banaskantha,
          Gujarat- 385110.
4.        Pancholi Kunj S/o Gajendra Kumar, Aged About 23 Years,
          R/o 67 Shree Krushnakunj Holi Chakala Shak Market
          Bodeli Dhokaliya Vadodara, Gujarat- 391135.
5.        Deep    Daga    Tikamchand  S/o Sayarchand   Daga
          Tikamchand, Aged About 25 Years, R/o F/3 Gurudev
          Society Near Ambamata Mandir Behind Chitan Society
          Gidc Vapi- 396195. Gujarat.
6.        Abhinav Halvadiya S/o Ashokbhai Halvadiya, Aged About
          24 Years, R/o Botad, Morari Nagar-I, Turkha Road-
          364710.
7.        Smt. Balubhai Karkar S/o Vitthalbhai Karkar, Aged About
          24 Years, R/o 153 Dangigev Soc Near Priyanka Palece
          Punagam Surat.
8.        Manoj Kumar Sharma S/o Kailash Chand Sharma, Aged
          About 25 Years, R/o Upadhyay Niwas, Jaipura, Post-
          Gukkana, Teh.-Baswa, Dist.- Dausa, Rajasthan- 303327.
9.        Shahid Memon, Aged About 26 Years, R/o 19, Mina Vas,
          Malnu, Malnoo, Pali, Rajasthan-306504.
10.       Mahendra Adabhai Chaudhary S/o Premabhai Adabhai
          Chaudhary, Aged About 26 Years, R/o Gujarat.
11.       Vishal Pattani S/o Rajeshbhai Pattani, Aged About 24
          Years, R/o Patanivas Harishankar No Aro Ta- Sidhpur
          District Patan Pin-384151.
12.       Hardikkumar Mali S/o Amrut Bhai Mali, Aged About 23
          Years, R/o Adesh Nagar Tharad, B.k., Gujarat- 385565.
13.       Safin Mankad S/o Najirhusenbhai Mankad, Aged About 23
          Years, R/o B/h, Central Bank Para Botad Gujarat- 364710.
14.       Sunil Bhai Nayanbhai Kunvar S/o Sunil Bhai Kunvar, Aged
          About 24 Years, R/o 11/590, Sant Tukaram Soc-6
          Palanpur Jakat Naka Adajan Surat, Gujarat- 394510.
15.       Mohammadnihal Husen S/o Memon Zakir Husen, Aged
          About 25 Years, R/o 107, Roshan Appartment, Near
          Pataravalani Chal, Gopipura, Surat City, Gujarat.
16.       Nirbhay Gohil S/o Bhupendrabhai Gohil, Aged About 26
          Years, R/o Anand Near Naganath Temple Opp Jalaram
          Transport, Ameli.

      (D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders)
                            (Uploaded onon11/12/2025
                           (Downloaded        11/12/2025atat03:07:21
                                                             09:07:28PM)
                                                                      PM)
 [2025:RJ-JD:51498]                            (2 of 10)                               [CW-9531/2025]


17.       Mahmmadanish Idrishbhai S/o Memon Idishbhai, Aged
          About 24 Years, R/o Altayba Society Khokhr Vado Kheralu
          Mahesana, Gujarat.
18.       Harshraj Purohit S/o Dipeshkumar Purohit, Aged About 26
          Years, R/o 30, Riddham Recidence Indore Road, (Dahod),
          Gujarat- 389151.
19.       Sahil Zakhara S/o Rajubhai, Aged About 25 Years, R/o
          Rajula, Tehsil - Rajula, District Ameli, Gujarat.
20.       Vikram Singh Charan S/o Narpat Dan Charan, Aged About
          25 Years, R/o Raniwara Kalan Jalor, Raniwara, Rajasthan-
          343040.
21.       Mantasha Khan D/o Azharuddin Khan, Aged About 23
          Years, R/o Ram Khilawan Chawl, Room No.3, Patel Wadi
          Beharam Baug, Oshiwara, Mumbai, Maharashtra- 400102.
22.       Karan Kumawat S/o Ramesh Kumawat, Aged About 24
          Years, R/o Opp. Police Station Chhawani, Sheoganj,
          Sirohi, Rajasthan- 307027.
23.       Surma Devi D/o Ranaram Dewasi, Aged About 26 Years,
          R/o Dewasiyo Ki Dhani Khiwal Read Raipur, Pali,
          Rajasthan.
24.       Santosh Dewasi D/o Rana Ram, Aged About 23 Years, R/o
          Dewasiyo Ki Dhani, Haripur, Raipur, Pali, Rajasthan.
25.       Abdulzahir Gulamnabi S/o Gulamnabi, Aged About 32
          Years, R/o Near Anjumun, Radhanpur, District Patan-
          385340.
26.       Laxman Kumar S/o Darga Ram, Aged About 24 Years, R/o
          Dak Sirohi Rajasthan-307511.
                                                                                  ----Petitioners
                                               Versus
1.        Union Of India, Through Its Secretary, Ministry Of
          Ayurveda, Yoga And Naturopathy, Unani, Siddha And
          Homeopathy (Ayush), B Block, Gpo Complex, Ina Colony,
          New Delhi- 110023.
2.        National   Commission   For  Homeopathy,   Through
          Secretary, Ayush Bhawan, B Block, Gpo Complex, Ina,
          New Delhi- 110023.
3.        Madhav University, Though Its Chairman, Madhav Hills,
          Opp. Banas River Bridge Toll, N.h.- 27, P.o.- Bharja, Abu
          Road, Tehsil - Pindwara, District Sirohi- 307026.
                                                                              ----Respondents
                                       Connected With
                     S.B. Civil Writ Petition No. 7522/2025
1.        Pallaviverma D/o Dilip Kumar Verma, Aged About 28
          Years, 19-20, Bhattwadi, A-Block, Amba Mata Scheme,
          Udaipur, Shastri Circle, District Udaipur, Rajasthan.
2.        Jitendra Gurjar S/o Suva Lal Gurjar, Aged About 35 Years,
          Village Sakarda, District Rajsamand, Rajasthan.

      (D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders)
                            (Uploaded onon11/12/2025
                           (Downloaded        11/12/2025atat03:07:21
                                                             09:07:28PM)
                                                                      PM)
 [2025:RJ-JD:51498]                           (3 of 10)                               [CW-9531/2025]


3.       Deepak Kumar S/o Badri Narayan Joshi, Aged About 24
         Years, Tehsil And District Dhanol, District Jalore,
         Rajasthan.
4.       Prachi Shakdwipiya D/o Virendra Sharma, Aged About 25
         Years, 1367, Shanti Nagar, Hiran Magri, Sector - 5,
         Manwa Khera (Rural) District Udaipur, Rajasthan.
5.       Shubham Mali S/o Logar Lal, Aged About 24 Years, Hira
         Vatika, Dabok, District Udaipur, Rajasthan.
6.       Anukriti Dhaka D/o Mahandra Singh Dhaka, Aged About
         24 Years, Police Thana Dabok, Mavli, District Udaipur,
         Rajasthan.
                                                                                 ----Petitioners
                                              Versus
1.       Union Of India, Through The Secretary, Ministry Of
         Ayurveda, Yoga, And Naturopathy, Unani, Siddha And
         Homeopathy (Ayush), Ayush Bhawan, B-Block, Gpo
         Complex, Ina, New Delhi-110023.
2.       National     Commission    For    Homeopathy,    61-65,
         Institutional Area, Opp. D Block, Janak Puri, New Delhi-
         110058.
3.       Registrar, J.r.n. Rajasthan Vidhyapeeth Deemed To Be
         University, Pratap Nagar, Udaipur.
4.       Registrar, Rajasthan Board Of Homeopathic Medicine,
         Sector-12, Mahaveer Marg, Thadi Market, Mansarovar,
         Jaipur.
5.       Rajasthan Vidhyapeeth Homeopathic Medical College,
         Dabok, Udaipur Through Its Authorized Signatory Dr.
         Pankaj Sharma, Aged About 64 Years, S/o Dr. Madan Lal
         Sharma.
                                                                             ----Respondents
                    S.B. Civil Writ Petition No. 7556/2025
1.       Gursharan Kaur D/o Baldev Singh, Aged About 25 Years,
         House Number 366, Bharolanwali, Sirsa, Haryana,
         125075.
2.       Pranav Mathur S/o Mukesh Mathur, Aged About 24 Years,
         Ajmer Road, Kalyan Colony, Kekri, Ajmer, 305404.
3.       Aditya Salvan S/o Vimal Salvan, Aged About 23 Years, 89,
         07, 3E, Near Khatu Shyam Mandir, Sriganganagar,
         335001.
4.       Kuldeep S/o Suresh Kumar, Aged About 24 Years, 556
         Hanwant A, Bjs Colony, Jodhpur, 342001.
                                                                                 ----Petitioners
                                              Versus
1.       The Union Of India, Through The Secretary, Ministry Of
         Ayurveda, Yoga, And Naturopathy, Unani, Siddha And
         Homeopathy (Ayush), Ayush Bhawan, B-Block, Gpo
         Complex, Ina, New Delhi-110023.

     (D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders)
                           (Uploaded onon11/12/2025
                          (Downloaded        11/12/2025atat03:07:21
                                                            09:07:28PM)
                                                                     PM)
 [2025:RJ-JD:51498]                            (4 of 10)                               [CW-9531/2025]


2.        National     Commission    For    Homeopathy,    61-65,
          Institutional Area, Opp. D Block, Janak Puri, New Delhi-
          110058.
3.        Tantia University, Hanumangarh Road, Near Riico Bus
          Stand, Sriganganagar, Rajasthan-335002, Through Its
          Registrar.
                                                                              ----Respondents
                     S.B. Civil Writ Petition No. 7594/2025
1.        Mukesh Kumar S/o Karna Ram, Aged About 31 Years,
          Sarwari, Chamana, Po Khandap, District Barmer,
          Rajasthan.
2.        Annu Shree Vasita D/o Kailash Chandra Vasita, Aged
          About 25 Years, 31, Shiv Complex, Near Vidhya Bhawan
          Basic School, Satyam Shivam Complex, Badgaon,
          Udaipur, Rajasthan.
3.        Tanya Singh D/o Rameshwar Singh, Aged About 24 Years,
          17, Saraswati Nagar, Mali Colony, Shastri Circle, Udaipur,
          Rajasthan.
4.        Mubaraka Pan Wala D/o Shakir Ali Pan Wala, Aged About
          25 Years, 10, New Fatehpura, Vtc Girwa, Po Udaipur,
          Shastri Circle, Udaipur, Rajasthan.
5.        Ruchika Chauhan D/o Ravindra Chauhan, Aged About 25
          Years, 04, Ajanta Hotel Street, Hathipole, Girwa, District
          Udaipur, Rajasthan.
6.        Ravi Kumar S/o Suresh Chandra, Aged About 25 Years,
          Hanuman Darwaja, Regro Ka Mohalla, Karera, Raja Ji Ka
          Kareda, District Bhilwara, Rajasthan.
7.        Pavan Ghoti S/o Ashok Ghoti, Aged About 23 Years, Ward
          No.1, Parnala, Jhikali, District Banswara, Rajasthan.
8.        Raghav Gaur S/o Ugamraj Gaur, Aged About 25 Years,
          Shreepal Nagar, Ward No.8, Sumerpur, Po Sumerpur,
          District Pali, Rajasthan.
9.        Hemendra Singh Shaktawat S/o Sher Singh, Aged About
          31 Years, Kolyari, District Udaipur, Rajasthan.
10.       Ekta Regar D/o Vishnu Lal Regar, Aged About 24 Years,
          Regar Mohalla, Ganw Mokhunda, Tehsil Raypur, District
          Bhilwara, Rajasthan.
11.       Varsha Soni D/o Kishore Chandra Soni, Aged About 25
          Years, B-31, Ward No. 10, Kumbha Nagar, District
          Chittorgarh, Rajasthan.
12.       Jonal Patel D/o Pravin Patel, Aged About 24 Years,
          Kumharo Ka Jav, Subhash Road, Falna, District Pali,
          Rajasthan.
13.       Sonal Jodha D/o Gajendra Singh Rathore, Aged About 24
          Years, 89, Defense Colony, Khasra No. 44, Nandari,
          Banar, District Jodhpur, Rajasthan.
14.       Taruna Tejawat D/o Shanti Lal Tejawat, Aged About 27


      (D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders)
                            (Uploaded onon11/12/2025
                           (Downloaded        11/12/2025atat03:07:21
                                                             09:07:28PM)
                                                                      PM)
 [2025:RJ-JD:51498]                            (5 of 10)                               [CW-9531/2025]


          Years, 1080, Nal Phala,                         Balicha,        Kherwara,          District
          Udaipur, Rajasthan.
15.       Chaudhary Nikul Kumar S/o Amra Bhai Chaudhary, Aged
          About 28 Years, Chaudhary Vas, Kotda Forna, Banas
          Kantha, Gujarat.
16.       Rupa Ram S/o Balka Ram, Aged About 25 Years,
          Paharpura, Jalore, Golasan, District Jalore, Rajasthan.
17.       Abhishek Kumar Tak S/o Govindram Tak, Aged About 24
          Years, Amli Road, Pindwara, District Sirohi, Rajasthan.
18.       Raval Sahilkumar S/o Arvindbhai, Aged About 25 Years,
          Raval Vas, Primary School Ni Baju Aspa, Po Vaghawadi,
          District Mahesana, Gujarat.
19.       Nikhil Chaudhary S/o Mahesh Chaudhary, Aged About 24
          Years, Nichala Bajar, Dhariawad, District Pratapgarh,
          Rajasthan.
20.       Dhirendra Dantla S/o Jagdish Chandra Dantla, Aged
          About 25 Years, Doongra Kalan, Sajjangarh, District
          Banswara, Rajasthan.
21.       Kuldeep Dantla S/o Magan Lal Dantla, Aged About 24
          Years, Mu Dungra Bada, Doongra Kalan, District
          Banswara, Rajasthan.
22.       Anjali Thomas D/o Raju Thomas, Aged About 24 Years,
          House No. 3, Road No. 10, Near Arihant Vatika, New
          Ashok Vihar, Girwa, District Udaipur, Rajasthan.
23.       Anjum Abbasi D/o Mohammad Imran Alam, Aged About
          31 Years, 55, Sutharo Ka Mohalla, Teetardi, Girwa,
          District Udaipur, Rajasthan.
24.       Payal Jain D/o Narendra Jain, Aged About 24 Years, Main
          Bajar, Cheekhli, District Dungarpur, Rajasthan.
25.       Shah Resham Ben D/o Alpesh Bhai, Aged About 24 Years,
          Chithoda, Sabarkantha, Gujarat.
26.       Prajapati Khushbu D/o Alpesh Kumar, Aged About 24
          Years, Prajapati Vas, Varvada, Mehsana, Gujarat.
27.       Pareshkumar S/o Kishorbhai Parmar, Aged About 27
          Years, Jalaram Park, Deodar, Vtc Deodar, District
          Banaskantha, Gujarat.
28.       Digvijaysinh S/o Bhamarsinh Vaghela, Aged About 26
          Years, Forana, Banaskantha, Deodar, Gujarat.
29.       Gaurav Kharadi S/o Shanti Lal Kharadi, Aged About 25
          Years, Samroon, Sulai, District Udaipur, Rajasthan.
                                                                                  ----Petitioners
                                               Versus
1.        Union Of India, Through The Secretary, Ministry Of
          Ayurveda, Yoga, And Naturopathy, Unani, Siddha And
          Homeopathy (Ayush), Ayush Bhawan, B-Block, Gpo
          Complex, Ina, New Delhi-110023.
2.        National            Commission               For         Homeopathy,                61-65,

      (D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders)
                            (Uploaded onon11/12/2025
                           (Downloaded        11/12/2025atat03:07:21
                                                             09:07:28PM)
                                                                      PM)
 [2025:RJ-JD:51498]                           (6 of 10)                               [CW-9531/2025]


         Institutional Area, Opp. D Block, Janak Puri, New Delhi-
         110058.
3.       Registrar, J.r.n. Rajasthan Vidhyapeeth Deemed To Be
         University, Pratap Nagar, Udaipur.
4.       Registrar, Rajasthan Board Of Homeopathic Medicine,
         Sector-12, Mahaveer Marg, Thadi Market, Mansarovar,
         Jaipur.
5.       Rajasthan Vidhyapeeth Homeopathic Medical College,
         Dabok, Udaipur Through Its Authorized Signatory Dr.
         Pankaj Sharma, Aged About 64 Years, S/o Dr. Madan Lal
         Sharma.
                                                                             ----Respondents


For Petitioner(s)                  :     Mr. Akhilesh Rajpurohit
                                         Mr. Vineet Dave
                                         Mr. Ankur Mathur
                                         Mr. Sourabh Rajpurohit
                                         Mr. Lakshya Singh Udawat
                                         Mr. Kaushik Dave
                                         Mr. Nishant Bapna
For Respondent(s)                  :     Mr. Bharat Vyas, Sr.Adv.-cum - ASG
                                         with Mr. B.P. Bohra, Sr. CGSC,
                                         Mr. Vivek Shrimali, Sr. CGSC
                                         Mr. Vaibhav Bhansali

For Applicant(s)                   :     Mr. Sunil Joshi



                HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

Conclusion of Arguments & Reserved on : 07/11/2025 Pronounced on : 11/12/2025

1. Since the above titled writ petitions filed by the petitioners -

students, involve common issues based on similar facts, therefore,

they are being decided by this common order. However, for

brevity, the facts, as narrated in SBCWP No.9531/2025 are taken

into consideration.

(D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders) (Uploaded onon11/12/2025 (Downloaded 11/12/2025atat03:07:21 09:07:28PM) PM) [2025:RJ-JD:51498] (7 of 10) [CW-9531/2025]

2. The facts in brief are that the petitioners are the students,

who have taken admission in the respondent No.3 - University for

undertaking Bachelor of Homeopathic Medicine and Surgery

('BHMS') course and were given admission without appearing in

NEET (UG)-2019 examination. The precise grievance raised by the

petitioners is that despite completing their BHMS course as per

Regulation 5 of the National Commission for Homeopathy

(Homeopathy Graduate Degree Course - Bachelor of Homeopathy

Medicine and Surgery (BHMS) Regulations, 2022 ('the

Regulations, 2022') for duration of 4.5 years of study and one

year of compulsory rotatory internship, the petitioners are not

being allowed to get registration in the State councils, which is

causing great hardship and serious prejudice to their career.

2.1 In the present writ petitions, it has further been alleged that

Regulation 4 of the Regulations, 2022 provides eligibility criteria

for license to practice. For ready reference Regulation 4 of the

Regulations, 2022 is reproduced as under :-

"4. Eligibility for License to Practice. -

Any person possessing medical qualification in Homeopathy recognized by the Homeopathy Education Board or recognized under the Second or Third schedule to the erstwhile Homeopathy Central Council Act, 1973 (59 of 1973) shall be eligible to obtain license to practice Homeopathy from the concerned State Medical Council for Homeopathy, where he resides;"

Based on the above facts, the present writ petitions have

been filed with the prayer that the respondents may be directed to

include petitioners and register them in the respective State

Councils.

3. Learned counsel for the petitioners submitted that the

students in these writ petitions were given admission in academic

year 2018-19 and at the relevant point of time, there were no

statutory regulations, which mandated the NEET eligibility as a

criteria for giving admission in the BHMS course.

3.1 It is further stated that the Government of India, by an

administrative order, has issued communication dated 12.02.2018

vide which it was mandated NEET eligibility as a pre-requisite

qualification for granting admission in BHMS course and the same

was challenged by some of the institutes in a bunch of writ

petitions, led by SBCWP No.16431/2019 (Mangilal Nirban

Homeopathic Medical College & Ors. Vs. State of Rajasthan &

Ors.), decided on 27.11.2025.

3.2 It is also submitted that without amending regulations, such

condition could not have been imposed and therefore, the

students, who have been given admissions on the basis of an

interim order and have successfully completed their courses

including internship are required to be registered in the respective

State Councils so that they can work as medical practitioner.

4. Per contra, learned counsel Mr. Sunil Joshi appearing on

behalf of the National Commission for Homeopathy ('NCH')

submitted that unless the issue is decided in the pending writ

petitions as to whether the students, who were given admissions

in the academic year 2018-19 without clearing NEET examination,

could be at all entitled to validate their degree and unless the said

issue is decided, the case of the petitioners cannot be considered

for the purpose of registering them in the State Council.

4.1 While making submissions on merit, it is contended by

learned counsel appearing on behalf of the NCH that NCH is a

regulatory body and NEET qualification has been mandated so as

to maintain the standards of the education in medical courses and

the present petitioners have taken admissions without clearing the

eligibility criteria of clearing the NEET examination and therefore,

no relief as sought in the present writ petitions can be granted.

5. Heard learned counsel for the parties and perused the

material available on record.

6. It is to be noted that the present bunch of cases were heard

on 07.11.2025 along with another bunch of cases with the leading

case being SBCWP No.16431/2019 (Mangilal Nirban Homeopathic

Medical College & Ors. Vs. State of Rajasthan & Ors.). The

arguments were heard at length on the issue raised in the present

bunch of petitions and since all the issues have been appropriately

dealt with in the bunch of cases came to be decided on

27.11.2025, this Court does not deem it appropriate to reiterate

those submissions while deciding the present bunch of cases.

7. This Court while deciding the bunch of petitions, led by

SBCWP No.16431/2019 (Mangilal Nirban Homeopathic Medical

College & Ors. Vs. State of Rajasthan & Ors.), has already held

that the students, who were given admissions in the BHMS course

in the academic session 2018-19 without clearing NEET

examination are required to be treated at par with the other

students, who have completed their BHMS course. It has further

been held that the Government of India cannot introduce an

eligibility criteria without amending the relevant regulations.

7.1 In view of the pronouncement made by this Court while

deciding the said bunch of petitions, the present writ petitions are

also required to be adjudicated in light of the finding given in the

said judgment. The petitioners are undisputedly the students, who

were given admissions in BHMS course in the academic year

2018-19. There is also no dispute to the fact that regulations

came to be amended and were made applicable for the academic

year 2019-2020 and that being so, the present writ petitions are

required to be adjudicated considering the observation made by

this Court while deciding the said bunch of petitions, therefore,

this Court does not deem it appropriate to delve deep into the

merits of the present writ petitions as the same has already been

decided in the case of Mangilal Nirban Homeopathic Medical

College (supra).

8. As an upshot of the above discussion, these writ petitions are

allowed. The respondents are directed to register the names of the

petitioners in the register so also to issue necessary licence /

certificate of their registration by the respective State councils, if

they are otherwise eligible.

9. Pending application(s), if any, stand(s) disposed of.

(SUNIL BENIWAL),J Rmathur/-

(D.B. SAW/1432/2025 has been filed in this matter. Please refer the same for further orders) (Uploaded onon11/12/2025 (Downloaded 11/12/2025atat03:07:21 09:07:28PM) PM)