Dr. Abdul Haq Unani Medical College, , Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL, HEALTH AND FAMILY WELFARE, DEPARTMENT OF AYUSH, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT AND OTHERS,

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THE COMMISSIONER, DEPARTMENT OF AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA, AND HOMOEOPATHY (AYUSH), GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA

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UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA, AND HOMOEOPATHY (AYUSH) AYUSH BHAWAN, B-BLOCK GPO COMPLEX INA, NEW DELHI

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NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, REP BY ITS CHAIRMAN, T-19, 1ST AND 2ND FLOOR, BLOCK-IV, DHANWANTHARI BHAWAN, ROAD NO 66, PUNJABHI BAGH NEW DELHI.

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5. DR NTR UNIVERSITY OF HEALTH SCIENCES, REP BY ITS REGISTRAR, GUNADALA VIJAYAWADA NTR DISTRICT

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ or order or direction more particularly In the nature of writ of Mandamus declaring the action of the 1st respondent in not granting permission to petitioner college to proceed with recruitment process of sanctioned and aided posts in the cadre of Professors/Associate Professors(taken together) in number Fourteen(14) and Assistant Professors/Lecturers in number eleven(11) in respect of teaching staff as mandated under Regulation 13 of the National Commission for Indian System of Medicine (Minimum Essential Standards, Assessment and Rating for Undergraduate Unani Colleges and Attached Teaching Hospitals) Regulations 2023, as detailed out under schedule V appended to the said regulation is illegal arbitrary and violative of Article 30(1) of Constitution of India in stultification of the true spirit underlying behind Article 30(1) to the Constitution of India and runs in teeth of the Judgments delivered by the Honble Supre Court of India governing the issue of administrative freedom of minority institutions under Article 30(1) of the Constitution of India and consequently direct the 1st respondent to grant permission to the petitioner college to proceed with recruitment process of sanctioned and aided posts in the cadre of Professors/Associate Professors(taken together) in number Fourteen(14) and Assistant Professors/Lecturers in number eleven(11) in respect of teaching staff as required under Regulation 13 (Schedule V) of the NCISM Regulations 2023 and pass such

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the petitioner college to proceed with recruitment process of sanctioned and aided posts in the cadre of Professors/Associate Professors(taken together) in number Fourteen(14) and Assistant Professors/Lecturers in number eleven(11) in respect of teaching staff by considering the representation dated 13-11-2025 and pass such

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Counsel for the Petitioner:

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1.K MADHAVA REDDY

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Counsel for the Respondent(S):

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1.GP FOR MEDICAL HEALTH FW

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8595/2026

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“…..pleased to issue a writ or order or direction more particularly in the nature of writ of Mandamus declaring the action of the 1^st respondent in not granting permission to petitioner college to proceed with recruitment process of sanctioned and aided posts in the cadre of Professors/Associate Professors (taken together) in number Fourteen (14) and Assistant Professors/Lecturers in number eleven (11) in respect of teaching staff as mandated under Regulation 13 of the National Commission for Indian System of Medicine (Minimum Essential Standards, Assessment and Rating for Undergraduate Unani Colleges and Attached Teaching Hospitals) Regulations 2023, as detailed out under schedule V appended to the said regulation is illegal, arbitrary and violative of Article 30(1) of Constitution of India in stultification of the true spirit underlying behind Article 30(1) to the Constitution of India and runs in teeth of the Judgments delivered by the Hon’ble Supreme Court of India governing the issue of administrative freedom of minority institutions under Article 30(1) of the Constitution of India and consequently direct the 1^st respondent to grant permission to the petitioner college to proceed with recruitment process of sanctioned and aided posts in the cadre of Professors/Associate Professors (taken together) in number Fourteen (14) and Assistant Professors/Lecturers in number eleven (11) in respect of teaching staff as required under Regulation 13 (Schedule V) of the NCISM Regulations 2023 and pass such…..”

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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The case of the petitioner herein is that the petitioner’s society is a minority aided institution, imparting education in Unani Medicine for more than six decades.

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Learned counsel for the petitioner submits that the petitioner‘s institution was granted with minority status and given the aided status six decades ago. Now, the petitioner’s institution is facing shortfall of teaching staff as the respondent authorities are not allowing the petitioner’s institution to go ahead with the recruitment process, as of which the institution as well as the students are lacking sufficient qualified teaching staff. Even though the petitioner has been submitting representation one after the other seeking permission to proceed with the recruitment process as per the procedure contemplated, but for one reason or the other, the respondent authorities, particularly the respondent Nos.2 and 3 are not granting permission to proceed with the recruitment process. Hence the Writ Petition.

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On the other hand, the learned Government Pleader, furnished a copy of written instructions dated 01.04.2026, wherein, it is brought to the notice of this Court regarding the G.O.Ms.No.35 Higher Education (CE.II-1) Department dated 27.03.2006, wherein, it is clarified regarding the recruitment of aided

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posts in respect of the aided institutions, the mandatory prior approval is required. For more understanding, the relevant portion is extracted hereunder:

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“9. The Government, after careful examination of the entire matter hereby issues the following orders:-

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(A) There would be a general ban on filling up vacant aided posts in Private Aided Junior / Degree Colleges and Polytechnics through direct recruitment, except in respect of SC / ST backlog vacancies.

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(B) Vacant aided posts in colleges and polytechnics may be filled up by way of recruitment by transfer / promotion of an aided employee working in an aided post as per existing service rules, subject however to the condition that the resultant vacant aided post in the lower cadre shall be taken out of grant-in-aid.

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(C) The benefit of G.O.Ms.No.212 Finance dated 22-4-1994 read with U.O. Note No.24714/A3/PC.III/98, Finance Dept, dated 21-8-1998 to those non-teaching staff in Aided Educational Institutions who satisfy the conditions prescribed therein will continue.”

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He further submits that in view of the G.O.Ms.No.35, dated 27.03.2006, new aided posts cannot be granted and the aided posts which were fell vacant

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by virtue of retirement, the same should be taken out of grant in aid, the petitioner’s institution can be permitted and entitled as per the terms of the G.O.Ms.No.35, dated 27.03.2006 as well G.O.Ms.No.248 Finance (SMPC) Department, dated 25.08.2008.

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He further submits that the representation submitted by the petitioner’s institution is acknowledged and is pending for consideration and the respondent authorities are deliberating to take a decision and dispose of the same.

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The learned Standing Counsel for the 5^th respondent submits that the 5^th respondent University is a formal party and is not the answering respondent.

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Heard the submissions made by the learned counsel for the petitioner, learned Government Pleader and the learned Standing counsel for the 5^th respondent and on perusal of the material placed on record and pursuant to the submissions of the learned counsel for the petitioner, this Court is of the considered view to dispose of the present Writ Petition, without going into the merits of the case, directing the respondent Nos.2 and 3 to dispose the representation of the petitioner dated 08.10.2025, addressed to the 2^nd respondent, within a period of six (06) weeks, after providing an opportunity of hearing to the petitioner and the other stakeholders, if any, and after passing the speaking order, the same shall be communicated to the petitioner for further action.

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