Ayurvedic medical colleges sought extension of the admission deadline and extra counselling rounds for unfilled BAMS seats for 2023-24, some citing delayed Letters of Permission. Relying on Supreme Court precedent that unfilled seats cannot justify mid-session admissions, the High Court dismissed the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P. No. 28897/2023 C/W W.P. No. 27566/2023
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
PRESENT
THE HON’BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE
AND
R
THE HON’BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 28897 OF 2023 C/W WRIT PETITION NO. 27566 OF 2023 (EDN-RES)
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BETWEEN:
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C/W W.P. No. 27566/2023
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DHARWAD-11. IT’S PRINCIPAL DR. RAJANISH METI S/O SANGAPPA B. METI AGED ABOUT 46 YEARS R/O DHARWAD TALUK AND DISTRICT DHARWAD-580 001. 4 . TAPOVANA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL DODDABATHI DAVANAGER-577 566. ITS PRINCIPAL DR. MAHANTESH .P.M AGED ABOUT 43 YEARS R/O DAVANAGERE DISTRICT DAVANAGERE.
5 . SRI. RAGAVENDRA AYURVEDA MEDICAL COLLEGE AND HOSPITAL MALLADIHALLI TALUK HOLALKERE DISTRICT CHITRADURGA IT’S SECRETARY DR. SRIPATHI N.E. S/O. ESHWARAPPA .N.G AGED ABOUT 44 YEARS R/O MALLADIHALLI, TALUK HOLALKERE DISTRICT CHITRADURGA-577 501.
6 . SMT. RAJESHWARI KARPURMATH MEMORIAL (RKM) AYURVED MEDICAL COLLEGE VIJAYAPUR IT’S PRINCIPAL DR. N. M. RUDRAGOUDAR AGED ABOUT 64 YEARS R/O VIJAYAPUR DISTRICT VIJAYAPUR-586 101.
7 . ASHWINI AYURVEDI MEDICAL COLLEGE AND PG CENTRE DAVANAGERE. IT’S PRINCIPAL DR. GNANESWARA .L .M
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S/O L.M. PALAKSHAIAH AGED ABOUT 43 YEARS R/O DAVANGERE DISTRICT DAVANGERE-577 566.
8 . AMRUTHA AYURVEDA MEDICAL COLLEGE AND HOSPITAL CHITRADURGA ITS PRINCIPAL DR. PRASHANTH .M.S AGED ABOUT 41 YEARS R/O CHITRADURGA DISTRICT CHITRADURGA-677 501.
10 . SWAMY VIVEKANAND AYURVEDIC MEDICAL COLLEGE AND HOSPITAL KESARATTI, LINGASGUR DISTRICT RAICHUR IT’S PRINCIPAL DR. RAJASHEKHAR .H AGED ABOUT 45 YEARS R/O RAICHUR DISTRICT RAICHUR-584 101.
11 . KPSVS AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, MANVI IT’S PRINCIPAL DR. JEEVANESHWARAYYA S/O SHARANAYYA SWAMY AGED ABOUT 46 YEARS R/O MANVI, TALUK MANVI DISTRICT RAICHUR-584 101.
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12 . SHRI KALIDAS AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, BADAMI IT’S PRINCIPAL DR. VEERENDRA HATTI S/O BASAVARAJ AGED ABOUT 44 YEARS R/O GULEDGUDD, TALUK BADAMI DISTRICT BAGALKOT-587 101.
13 . DR. RAVI PATIL AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE HONAGA, BELAGAVI BY ITS PRINCIPAL DR. KIRAN MURIGEPPA KHOT R/O VIDHISHA RESIDENCY FLAT NO. 104, NEAR SAI MANDIR SRI NAGAR BELAGAVI 16.
14 . NEELGANGA AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE YERBHAG, BASAVAKALYAN IT’S PRINCIPAL DR. ANITA SOMSHEKAR MAHAJAN AGED ABOUT 42 YEARS R/O SHANTA SOMSHEKAR MAHAJAN CAMPUS YERBHAG TALUK, BASAVAKALYAN DISTRICT BIDAR-585 401.
15 . SHRI. VIJAY MAHANTESH AYURVEDIC MEDICAL COLLEGE, ILKAL IT’S PRINCIPAL DR. KESHAB CHANDRA DAS S/O KAPIL CHARAN DAS AGED ABOUT 57 YEARS ILKAL, TALUK HUNGUND DISTRICT BAGALKOT-587 125.
16 . KARNATAKA AYURVEDA MEDICAL COLLEGE, MANGALURU IT’S PRINCIPAL DR. RAVI RAO .S S/O SORAKE VISHNU RAO AGED ABOUT 48 YEARS
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R/O MANGALURU DISTRICT MANGALORE-575 001.
17 . SAMATA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, ALAND DISTRICT KALBURGI IT’S PRINCIPAL DR. NEETA SHRINIVAS DESHMUKH D/O VISHNUPANT DESHMUKH AGED ABOUT 55 YEARS R/O KALBURGI DISTRICT KALBURGI-585 101.
18 . AGM AYURVEDIC MEDICAL COLLEGE AND HOSPITAL ALAGUR RC BIJAPUR ROAD JAMAKHANDI. IT’S PRINCIPAL DR. PRAVEEN V. PATIL AGED ABOUT 47 YEARS R/O JAMKHANDI DISTRICT BAGALKOT-587 125.
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S/O T.A. LAKSHMI NARASIMHA MURTHY AGED ABOUT 55 YEARS R/O HOSAPETE, TALUK HOSAPETE DISTRICT VIJAYANAGAR.
COLLEGE HOSPITAL AND RESEARCH CENTER RAICHUR. ITS PRINCIPAL DR. CHANDRASHEKHARA RADDI S/O SHIVARADDEPPA KARAMUDI AGED ABOUT 50 YEARS R/O RAICHUR DISTRICT RAICHUR-584 101.
23 . SUSHRUTHA INSTITUTE OF
AYURVEDA MEDICAL SCIENCES AND RESEARCH CENTRE DAVANGERE. IT’S PRINCIPAL DR. AKBAR KHAN .K.H S/O HYDER ALI KHAN .K AGED ABOUT 50 YEARS R/O DAVANGERE DISTRICT DAVANGERE-577 566. …PETITIONERS
(BY SHRI. G.S. KANNUR, SENIOR ADVOCATE FOR SHRI. GURUDEV I. GACHCHINAMATH, ADVOCATE)
AND:
1 . THE UNION OF INDIA SECRETARY TO THE GOVERNMENT OF MINISTRY OF HEALTH AND FAMILY WELFARE (DEPARTMENT OF AYURVEDIC YOGA AND NATUROPATHY, UNANI, SIDDA AND HOMEOPATHY), (AYUSH) IRCS BUILDING NO.1, RED CROSS ROAD NEW DELHI-01.
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GOVERNMENT OF INDIA NO. 61-65, INSTITUTIONAL AREA JANAKAPURI, D-BLOCK NEW DELHI-110 058.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND THE DATE OF ADMISSION AND CONDUCT SUFFICIENT UNDER OF COUNSELLING ROUNDS FOR ENABLING THE PETITIONERS-INSTITUTIONS TO FILL
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THE UNFILLED SEATS FOR THE ACADEMIC YEAR 2023-24 IN RESPECT OF BAMS (UG) COURSES AND ETC.
W.P. No. 27566/2023
BETWEEN:
(BY SHRI. MADHUSUDAN NAIK, SENIOR ADVOCATE FOR SHRI. ABHISHEK MALIPATIL, ADVOCATE)
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AND:
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BENGALURU-560 001. REPRESENTED BY ITS SECRETARY
EXECUTIVE DIRECTOR.
7 . THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU-560 041. REPRESENTED BY ITS REGISTRAR. …RESPONDENTS
(BY SMT. MANASI KUMAR, ADVOCATE FOR R1 TO R3; SHRI. SHANTHI BHUSHAN, DSGI FOR R4; SHRI. SUDEV HEGDE, AGA FOR R5; SHRI. B.S. SACHIN, ADVOCATE FOR R5; SHRI. N.K. RAMESH, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING THAT THE PETITIONER INSTITUTIONS BEING GRANTED LETTER OF PERMISSIONS-LOPs BELATEDLY ARE ENTITLED FOR THE EXTENSIONS OF THE DEADLINE FOR GRANT OF ADMISSIONS TO THE UG BAMS COURSES FOR THE ACADEMIC YEAR 2023-24 AND ETC.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 30.01.2024, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, CHIEF JUSTICE , PRONOUNCED THE FOLLOWING:-
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ORDER
Writ Petition No.27566 of 2023 has been filed with
following prayers:
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following prayers:
Advocate for the petitioners in W.P. No. 27566/2023;
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Shri. G.S.Kannur learned Senior Advocate for the petitioners in W.P. No. 28897/2023, Ms. Mansi Kumar, learned Advocate for NCISM, Shri. Shanti Bhushan learned Deputy Solicitor General of India for the UOI, Shri. Sudev Hegde learned AGA for the State and Shri. N.K.Ramesh for KEA1 .
1 Karnataka Examination Authority
2 National Commission for Indian System of Medicine
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for admissions for the year 2023-24. As a result many seats have remained vacant. The Colleges submitted their representation to the NCISM, seeking extension of the last day for admission which was not considered. Hence, this writ petition.
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approached the NCISM seeking extension of time, which has not been considered. Hence, this writ petition.
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“6. ….Out of about 1600 seats, if 250 seats are not filled up for various reasons, we do not think it should result in the third round of counselling. If that process is to be adopted then there will be again vacancies and further filling up of the seats falling vacant will have to be undertaken. In that process, it will become endless until all the seats under the All-India Quota are filled up. ….. Even if seats are unfilled that cannot be a ground
3 (2003) 3 SCC 366
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for making mid-session admissions and there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year.”
(Emphasis Supplied)
14. In Dr. Subodh Nautiyal v. State of U.P. and Ors4 , the Apex Court has observed that in respect of a technical course, to admit a student four months after the commencement would not at all be correct. The relevant Para reads thus:
"Considering from this point of view, to maintain excellence the courses have to be commenced on schedule and be completed within the schedule so that the students would have full opportunity to study full course to reach their excellence and come at par excellence. Admission in the mid- stream would disturb the courses and also work as a handicap to the candidates themselves to achieve excellence. Considering from this pragmatic point of view we are of the considered opinion that vacancies of the seats would not be taken as a ground to give admission and direction by the High Court to admit the candidates into those vacant seats cannot be sustained."
(Emphasis Supplied)
4 1993 supp. (1) SCC 593, para 14
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15. It is important to note that no student has approached this Court seeking extension. It is only the institutions. Ms. Mansi is right in her submission that there are not many takers for the seats in the course offered by the petitioner institutions and hence, the seats have been remained unfilled.
16. Another important point is that the classes have commenced from November 2023. At this juncture, if the admission process is extended, it cannot be limited only to petitioner institutions excluding other Ayurvedic Colleges across the State. This would result in discontinuance of the academic schedule and the newly admitted students would not be able to cope up with the course.
17. The contention of the petitioners in W.P.No. 27566/2023 is that they were granted Letter of Permission belatedly and on this ground, they have prayed for extension of admission. This contention does not merit consideration because when seats in established Institutions
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have remained unfilled, it is reasonable to infer that the seats in newly established Institutions will not be filled up.
No Costs.
Before parting with this judgment, this Court places on record its deep appreciation for the research and assistance rendered by its official Research Assistants-cum-Law Clerks, Ms. Preksha R. Lalwani and Ms. Pooja Umashankar.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
SPS
2 issues framed by the court
Whether the deadline for admissions to BAMS (UG) courses for academic year 2023-24 should be extended and additional counselling rounds conducted to fill unfilled seats.
Whether colleges granted Letters of Permission belatedly are entitled to a proportionate extension of the admission deadline.
Colour shows how this judgement treated each authority
Neelu Arora and Anr Vs. Union of India and OrsRelied on¶13
(2003) 3 SCC 366 · Who else cites this
Dr. Subodh Nautiyal v. State of U.P. and OrsRelied on¶14
1993 supp. (1) SCC 593, para 14 · Who else cites this
1 provisions across 1 enactments
Achutha Ayurveda Medical College Hospital and Research Centre and others
Hita Ayurvedic Medical College Hospital and Research Centre and others
The Union of India, Ministry of AYUSH
National Commission for Indian System of Medicine
Medical Assessment and Rating Board for Indian System of Medicine
Rajiv Gandhi University of Health Sciences / Karnataka Examinations Authority / State of Karnataka
P.S. Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court