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Rajasthan High Court - Jodhpur
Prachi Bhati vs Union Of India (2026:Rj-Jd:11772) on 10 March, 2026
[2026:RJ-JD:11772]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18221/2025
1. Prachi Bhati D/o Shri Mahendra Singh Bhati, Aged About
26 Years, R/o Bhati Choraha, Magra Punjla, Mandore,
Jodhpur, District Jodhpur, Rajasthan.
2. Anu Mehgwal D/o Shri Pappa Ram Meghwal, Aged About
25 Years, R/o Vpo Boranada, Tehsil Luni, District Jodhpur,
Rajasthan.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Ayush,
Ayush Bhawan, B-Block, Gpo Complex, New Delhi-110023
2. The Secretary, Department Of Ayurveda And Indian
Medicine, Government Of Rajasthan, Jaipur.
3. The Secretary, National Commission For Indian System Of
Medicine, Plot No. T-19, 1St And 2Nd Floor, Block-Iv,
Dhanwantari Bhawan Road No. 66, Punjabi Bagh (West),
New Delhi - 110026.
4. The Registrar, Board Of Indian Medicine Rajasthan, E-1,
Near Mahaveer Udhyan, Bajaj Nagar, Jaipur-302015
5. The Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan
Ayurved University, Jodhpur, District Jodhpur, Rajasthan.
6. The Principal, S.S. Ayurveda Medical College And
Hospital, Udaipur, District Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Mr. Sunil Joshi
Mr. H.R. Rawal
Mr. Deepak Bora
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
10/03/2026
1. Present petition has been filed praying for following reliefs: -
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"A. By an appropriate writ, order or direction, any
order denying to issue the permanent degree and
permanent registration certificates of BAMS Course to
the petitioners may kindly be quashed and set aside.
B. By an appropriate writ order or direction, the
respondents may kindly be directed to issue the
permanent degree of BAMS Course of petitioners.
C. By an appropriate writ order or direction, the
respondents may kindly be directed to issue
permanent registration certificate as medical
practitioner of BAMS Course to the petitioners.
D. By an appropriate writ order or direction, the
respondents may kindly be directed to permit the
petitioners in further courses or medical practices in
Ayush.
E. Any other appropriate writ, order or direction
which this Hon'ble Court may deem just and proper in
the facts and circumstances of the case may kindly be
passed in favour of the petitioners.
F. Writ petition filed by the petitioners may kindly
be allowed with costs."
2. Learned counsel for the petitioners submits that petitioners
had participated in the examination for admission to
Undergraduate Course of Bachelor Of Ayurvedic Medicine &
Surgery conducted by Respondent No. 5 - University. Thereafter,
learned counsel states, Respondent - University allotted
petitioners seats to pursue UG-BAMS Course in S.S. Ayurvedic
Medical College and Hospital, Udaipur.
3. It is submitted that although Respondent - University itself
allotted a seat to petitioners in said college, said college was not
permitted to take in selected students for want of NOC from
concerned authorities.
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4. In such circumstances, petitioners along with other similarly
situated students made several representations before Respondent
Authorities seeking transfer from said college to any other
recognized college; however, the same was not allowed for one or
the other reason.
5. Consequently, petitioners and other students filed a writ
petition before this Court, being S.B. Civil Writ Petition No.
2021/2021, wherein an interim order was passed permitting
petitioners to appear in the Second-year examination.
6. It is submitted that in pursuance of said interim order passed
by this Court, petitioner - students have already completed the
UG-BAMS Course and have also undergone the mandatory 1-year
internship. However, neither permission has been issued to
petitioners, nor respondents have granted permanent registration
as medical practitioners to petitioners.
7. Learned counsel for the petitioners further apprised this
Court that similarly situated students had preferred S.B. Civil
Writ Petition No. 15479/2024 (Shubhanshu Sharma & Ors.
vs. National Commission for Indian System of Medicine &
Ors.) before Hon'ble High Court of Delhi and the same was
allowed in favour of said students vide order dated 30.04.2025.
8. It is argued that judgment rendered in Shubhanshu
Sharma (supra) relates to students of the same batch and same
college where petitioner had also taken admission, namely, S.S.
Ayurvedic Medical College and Hospital, Udaipur, and therefore,
case of petitioners is squarely covered by said judgment.
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9. Learned counsel appearing for the respondents has failed to
controvert the submission made on behalf of petitioners as
regards applicability of judgment passed by the Hon'ble Delhi High
Court in the case of Shubhanshu Sharma (supra).
10. Since the issue involved in present case is no more res
integra and the same is squarely covered by judgment passed by
Hon'ble Delhi High Court in the case of Shubhanshu Sharma
(supra), present petition deserves to be allowed on the same
terms.
11. Accordingly, present writ petition is allowed and following
directions are issued:
(I) Respondent No. 5 / University is directed to issue
permanent degrees to petitioners subject to their passing all
requisite exams and completing their internships.
(II) Respondent Nos. 3 and 4 are directed to recognize
qualifications of petitioners and grant them permanent
registration as medical practitioners.
12. Stay application and all other pending applications, if any,
hereby stand disposed of.
(SANJEET PUROHIT),J
150-shashikant/-
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