[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Gursharan Kaur vs The 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.
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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.
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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.
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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
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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,
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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.
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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.
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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
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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
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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/-
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