T M a E Societys Vs State of Karnataka

T M A E SOCIETY'S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT-577222 REP BY ITS ADMINISTRATOR, SRI G HIREMATH, S/O ADAYYA

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AGED ABOUT 49 YEARS A SOCIETY REGISTERED UNDER SOCIETIES REGISTRATION ACT

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MISS AIMAN SHAISTA AGED ABOUT 20 YEARS, D/O AMANULLA,

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MISS ALFEEN BEGUM AGED ABOUT 19 YEARS, D/O HUSSAIN BAIG

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MISS BI BI AYESHA AGED ABOUT 19 YEARS, D/O SHAFIULLA

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MOHAMMED SUZAIN HUSSAIN AGED ABOUT 19 YEARS, S/O ZAKIR HUSSAIN

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PRATHAP N S SURESH NAIK AGED ABOUT 21 YEARS, S/O SURESH

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MISS SHIFA KHANUM AGED ABOUT 20 YEARS, D/O ZABULLA KHAN

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MISS SNEHA SURESH HOSMANI AGED ABOUT 21 YEARS, D/O SURESH HOSAMANI

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MISS SUNIDHI Y P AGED ABOUT 21 YEARS, D/O PRAHLAD Y

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MISS SYEDA TASMIYA NAAZ AGED ABOUT 20 YEARS, D/O SYED SANAULLA,

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MISS TASMIYA BANU AGED ABOUT 21 YEARS, D/O GOUSE AZAM KHAN,

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MISS KAVANA SANKAPPA BYAGAWADI AGED ABOUT 21 YEARS, D/O SHANKAPPA BYAGAWADI,

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M MOULALI AGED ABOUT 19 YEARS, S/O M SHAKEER SAHEB

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MISS ZAIBA KHANUM AGED ABOUT 21 YEARS, D/O FAYZ' KHAN ,

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MISS K PAVITRA PAI AGED ABOUT 21 YEARS, D/O K PRAKASH PAI,

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MISS FIZA B AGED ABOUT 24 YEARS, D/O BAHSA SAB,

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MISS RIYAFIRDOS F KOLKAR AGED ABOUT 20 YEARS, D/O FAIJALAALI,

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MISS AASTHA AGED ABOUT 19 YEARS, D/O SHIV PRAKASH ,

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NIYAZ AHAMED M KHAZI AGED ABOUT 20 YEARS, S/O MAINUDDIN,

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MR GODBHARLE RUSHIKESH NIVRATTI S/O NIVRATTI AGED ABOUT 20 YEARS,

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MISS SHELKE PRAGATI SHIVAJI AGED ABOUT 20 YEARS, D/O SHIVAJI HARISCHANDRA SHELKE

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PETITIONERS 2 TO 21 ARE STUDENTS OF I YEAR B.A.M.S, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT-577222.

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…PETITIONERS

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(BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. ANIL KUMAR.R, ADVOCATE)

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AND:

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STATE OF KARNATAKA DIRECTORATE OF AYUSH, DHANVANTRI ROAD,

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BENGALURU-560009 REP BY ITS DIRECTOR.

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU-560041 REP BY ITS REGISTRAR.

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UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPAHTY, UNANI SIDDHA AND HOMEOPATHY (AYUSH) AYUSH BHAVAN, B BLOCK, G.P.O COMPLEX, INA, NEW DELHI-110023 REP BY ITS SECRETARY /SPECIAL SECRETARY.

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NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, No.61-65, INSTITUTIONAL AREA, JANAKIPURI D-BLOCK, NEW DELHI-110058 REP BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. SUDEV HEGDE, AGA FOR R-1; SRI. VARUN SAI Y., ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE FOR R-2; SMT. SWATI C.KAMAT, CGC FOR R-3; SMT. MANASI KUMAR., ADVOCATE FOR R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT THE FOLLOWING RELIEFS ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE 2ND RESPONDENT TO APPROVE THE ADMISSION LIST OF PETITIONERS-2 TO 21 FOR BAMS

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COURSE, ALREADY ADMITTED BY THE PETITIONER NO.1INSTITUTION FOR THE YEAR 2022-23, AND PERMIT THEM TO CONTINUE THEIR STUDIES, ETC.

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IN W.P.No.16296/2024:

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BETWEEN:

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ACHUTHA AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, GOPALPURA, BAGUR POST, BENGALURU- 562149 REP. BY ITS PRINCIPAL, DR. MANJUNATH PUJERI, S/O MR. SIDDAPPA PUJERI, AGED 40 YEARS. …PETITIONER

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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AND:

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UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY, UNANI SIDDHA AND HOMOEOPATHY (AYUSH), AYUSH BHAVAWAN 'B' BLOCK, G.P.O COMPLEX, INA, NEW DELHI-110 023. REPRESENTED BY ITS SECRETARY/ SPECIAL SECRETARY.

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NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI - 110058. REPRESENTED BY IS SECRETARY.

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THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, DIRECTORATE OF AYUSH, M.S. BUILDING,

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DR. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY.

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KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH T BLOCK, JAYANAGAR, BENGALURU - 560 041. REPRESENTED BY ITS REGISTRAR.

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KUM.NAVOMI.N, D/O SRI. NAGENDRA.N, AGED ABOUT 22 YEARS, R/AT No.495, BESTAGERI, CHAMARAJ MOHALL, MYSORE-570 004.

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…RESPONDENTS

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(BY SMT. SWATI C.KAMAT, CGC, FOR R-1; SMT. MANASI KUMAR, ADVOCATE FOR R-2; SRI. SUDEV HEGDE, AGA FOR R-3; SRI. N.K.RAMESH, ADVOCATE FOR R-4; SRI. VARUN SAI Y, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE FOR R-5; SRI. VENKATESH R.BHAGAT, ADVOCATE FOR IMPLEADING IA.1/25 AND IA.2/25 (V/C))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT, DIRECTING THE RESPONDENTS No.2 - NCISM AND No.5-RGUHS TO APPROVE THE ADMISSIONS OF THE 60 STUDENTS ADMITTED TO THE UG BAMS COURSE FOR THE ACADEMIC YEAR 2022-23 AT THE PETITIONER INSTITUTION AND TO DECLARE THAT THE

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SAID STUDENTS ARE ENTITLED FOR THE CONTINUATION OF THEIR STUDIES; WITHOUT INTERFERENCE, ETC.

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IN W.P.No.18571/2024:

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BETWEEN:

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SRI. BALAJI EDUCATION TRUSTS RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, NO. 54/2, RAMAGONDANAHALLI, YELAHANKA, BENGALURU-560 064, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MR. ANIL KUMAR, S/O. LATE K. GOPINATH PILLAI, AGED ABOUT 57 YEARS.

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…PETITIONER

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041, REPRESENTED BY ITS REGISTRAR.

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NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO. 61-65, INSTITUTIONAL AREA, JANAKPURI D BLOCK, NEW DELHI-110 058, REPRESENTED BY ITS SECRETARY.

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KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS,

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MALLESHWARAM, BENGALURU-560 012, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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…RESPONDENTS

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(BY SRI.VARUN SAI.Y., ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE FOR R-1; SMT. MANASI KUMAR, ADVOCATE FOR R-2; SRI.N.K.RAMESH, ADVOCATE FOR R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 1-RGUHS TO APPROVE THE ADMISSIONS OF THE 31 STUDENTS ADMITTED TO THE UNFILLED/VACANT UG BAMS SEATS FOR THE ACADEMIC YEAR 2022-23 AT THE PETITIONER INSTITUTION AND TO PERMIT THEM TO CONTINUE IN THE COURSE OF STUDY, WITHOUT INTERFERENCE, ETC.

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IN W.P.No.5388/2025:

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BETWEEN:

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T.M.A.E. SOCIETYS AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222. REP. BY ITS ADMINISTRATOR, SRI G. HIREMATH S/O ADAYYA,

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AATHIFA AMEENA D/O FAXLUR REHMAN, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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ABUBAKKAR SIDDIQ S/O MOHIBULLA, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL,

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DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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ADITHI DAS NAIDU H D/O V HARISH BABU, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT 577222.

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AFNAN AHAMED S/O MASROOR AHAMED, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222

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AYESHA ANJUM D/O AKRAM KHAN, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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AYMAN NAZ D/O MOHAMED ALI, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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BHAVANA K D/O KARIBASAPPA H, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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DHANANJAY KUMAR R GANGER S/O RAMU B G, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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GURUPADAYYA S/O MALLIKARJUN, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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IMAN HUDA D/O ABBAS ALI BAIG, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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KAVYA MAHESHGOUDA MARIGOUDRA D/O MAHESHGOUDA RAMANAGOUDA MARIGOUDRA, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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KEERTHAN L S/O LINGARAJA, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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MOHAMMED FAZIL S/O ASHFAQ AHAMED, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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MOHAMMED SUHAIL S/O AYUB SHAREEF, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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MAHAMMED KAIFUDDIN VK S/O KALEEMUDDIN, AGED ABOUT 24 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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NADEEM KHAN S/O FAIYAZ KHAN, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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NIDA NAAZ S/O SYAD FASIULLA, AGED ABOUT 19 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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PATHAN KASHMOOR CHANDKHAN S/O CHAND KHAN, AGED ABOUT 22 YEARS,

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R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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RUQAIYA TABASSUM R D/O MOHAMMED RAFIULLA, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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SADIYA HARMAIN D/O SYED NOOR AHMED, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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SAFWANA TABASSUM D/O AHALULLA JHAN, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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SING PRIYANKA SATYANARAYAN D/O SATYANARAYAN, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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YASHAVANTHA S/O THIPPESHAPPA, AGED ABOUT 21 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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BURADE SHANTANU SUSHILKUMAR S/O SUSHIL KUMAR, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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MOHAMMED FAIZAN MOHAMMED IRFAN S/O MOHAMMAD IRFAN AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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HAMBARDE WOMAN BABARAO S/O BABARAO, AGED ABOUT 20 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222.

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MUDALE AKANKSHA HANMANT D/O HANMANT, AGED ABOUT 22 YEARS, R/O AYURVEDIC COLLEGE AND HOSPITAL, DHANVANTRI CAMPUS, HALEJEDIKATTE, NIDIGE POST, SHIMOGA DISTRICT - 577222

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…PETITIONERS

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(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)

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AND:

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UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY, UNANI SIDDHA AND HOMEOPATHY (AYUSH), AYUSH BHAVAN B BLOCK, G.P.O. COMPLEX, INA, NEW DELHI-110 023 REP. BY ITS SECRETARY/SPECIAL SECRETARY

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NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM) MINISTRY OF AYUSH, GOVERNMENT OF INDIA

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OFF 61-65, INSTITUTIONAL AREA, JANAKPURI, D-BLOCK NEW DELHI-110058 REPRESENTED BY ITS SECRETARY

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STATE OF KARNATAKA, DIRECTORATE OF AYUSH, DHANVANTRI ROAD, BENGALURU-560 009 REP. BY ITS DIRECTOR.

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041 REP. BY ITS REGISTRAR.

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KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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…RESPONDENTS

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(BY SMT. SWATI C.KAMAT, CGC FOR R-1;

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SMT. MANASI KUMAR, ADVOCATE FOR R-2;

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SRI. SUDEV HEGDE, AGA FOR R-3;

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SRI. VARUN SAI.Y, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE FOR R-4; SRI. N.K.RAMESH, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OF THE COMMUNICATION DATED:31.10.2025 ISSUED BY THE R-2 NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE R-2 IN NO REF.NCISM/NEET-UG/COE/2023-24 AS ARBITRARY AND UNSUSTAINABLE THE COPY OF THE COMMUNICATION HEREWITH PRODUCED AS ANNEXURE-A, ETC.

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THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 05.08.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, D K SINGH J., PRONOUNCED THE FOLLOWING:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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HON'BLE MR. JUSTICE VENKATESH NAIK T

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CAV ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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W.P.Nos.18100/2024 and 5388/2025

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In W.P.No.18100/2024, petitioner No.1 is an Ayurvedic Medical College established in the year 1992. The said college is run by TMAE Society, currently registered under the Societies Registration Act, 1860. Petitioner Nos.2 to 21 have been admitted for the 1^st year BAMS course during the academic year 2022-2023 in petitioner No.1-college. In the second writ petition i.e., W.P.No.5388/2025, petitioner Nos.2 to 28 are students admitted in the 1^st year BAMS course for the academic year 2023-2024.

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Petitioner No.1 is affiliated to the Rajiv Gandhi University of Health Sciences (RGUHS), who are respondent Nos.2 and 4 respectively in the aforesaid writ petitions. The National Commission for Indian System of Medicine (NCISM), which is respondent Nos. 4 and 2 respectively, is the statutory body constituted under the provisions of the National Commission for

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Indian System of Medicine Act, 2020 (‘NCISM Act 2020’). The NCISM is responsible to regulate educational and professional conduct and it is authorised as well as empowered to maintain the standards of Indian system of medicine. It is also empowered inter alia to approve the colleges for taking admission of the students as per the sanctioned intake. The NCISM is the body to oversee the admissions and sanctioned intake of students of different colleges approved by it and regulates the admissions. The petitioner-college has the sanctioned intake of 60 students for the BAMS degree. Petitioner Nos.2 to 21 in W.P.No.18100/2024 were admitted by the petitioner-college for the academic year 2022-2023 without undergoing the process of the counselling conducted by the Karnataka Examination Authority (KEA). These students have been admitted by the petitioner-college on their own. Similarly, petitioner Nos.2 to 28 in Writ Petition No.5388/2025 have been admitted by the petitioner-college on their own, without the process of counselling conducted by the KEA.

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The State Government has appointed the KEA for regulating the admissions of the students to the professional colleges through counselling process as per the inter se merit of

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the students including BAMS degree. The State Government provides college-wise and category-wise seat matrix for all the colleges and makes it available to the KEA for ‘communication to offer’ through online counselling. The entire admission process commences from registration, academic eligibility prescribed for each of the course, the type of seats available for each of the category including reservation category etc. This information is made available for the students through e- information bulletin published well in advance.

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The petitioner-college, which has the intake capacity of 60 students for the BAMS course, have submitted a list of only 36 admitted students along with the original documents and prescribed fees to the RGUHS. After verification, the University approved the admission of only 26 students out of the list of 36 admitted students. The admissions of 10 students were not approved due to absence of KEA allotment letters which was communicated by the University in the letter dated 12.05.2023 to the petitioner-college.

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The petitioner-college did not upload the admissions of petitioner Nos.2 to 21 in W.P.No.18100/2024 for the academic year 2022-2023 and as such, their names were not entered in

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the Admission Online Portal for the academic year 2022-2023. Petitioners Nos.2 to 21 have also not submitted the allotment letters to the KEA nor have they produced the original documents and also have not submitted the prescribed fees.

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Similarly, in W.P.No.5388/2025, the KEA had allotted only 26 students to the petitioner-college after three rounds of counselling i.e., 20 after the first round and 3 each after the second and third rounds. The petitioner-college has admitted petitioner Nos.2 to 28 on their own.

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The petitioner-college and the students have filed these writ petitions seeking approval of the admission of the students.

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W.P.No.18571/2024

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The petitioner-Trust has established Ramakrishna Medical Hospital and Research Centre with the requisite permissions from the Central Government and the State Government. The said college is affiliated to RGUHS. The petitioner-college has been imparting education for BAMS course since 1999. In the academic year 2022-23, the NCISM-respondent No.2 had sanctioned 60 seats in the college for admission to

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Undergraduate BAMS course. The last date for admission to BAMS course for the academic year 2022-23 was 04.03.2023. After three rounds of counselling, total number of 29 students were allotted seats in the said college for taking admission for BAMS course.

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The petitioner-college had admitted 31 students on their own without the process of counselling and allotment made by the KEA. According to the petitioner-college, the details of 60 students i.e., 29 allotted by the KEA and 31 admissions made by the college on its own were sent to RGUHS for approval. However, the RGUHS has approved only 29 students and did not approve the admissions of 31 students by the petitionercollege on its own.

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This writ petition has been filed by the college seeking a writ of mandamus directing the RGUHS to approve the admission of 31 students admitted by the college on its own for BAMS course for the academic year 2022-23.

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W.P.No.16296/2024

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The petitioner-college has started imparting BAMS course after obtaining necessary permissions and approvals from the

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Central Government, State Government, NCISM and RGUHS since the year 2021-22. For the academic year 2022-23, NCISM denied the permission vide communications dated 30.12.2022 and 08.02.2023 for admission of the students for BAMS course offered by the college with intake of 60 seats. The said communications issued by the NCISM have been challenged before this Court in W.P.No.3595/2023 and this Court, vide interim order dated 17.02.2023, had directed the respondent-authorities including the KEA to include the name of the petitioner-institution in the ongoing counselling for admission for the academic year 2022-23. The name of the petitioner-institution was included in the third mop-up round of counselling and a total 21 seats out of 60 seats were filled up through counselling conducted by the KEA. The balance of the vacant 39 seats was filled up by the institution on its own.

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The writ petition filed by the petitioner-college, being W.P.No.3595/2023, was allowed by this Court vide judgment and order dated 31.03.2023. The NCISM has filed Special Leave Petition (C) No.23488/2023 before the Hon'ble Supreme Court. The Hon'ble Supreme Court issued notice, however, no interim order has been granted against the judgment and order

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dated 31.03.2023 passed in W.P.No.3595/2023. It may also be taken note of that NCISM has granted permission for taking admission in the college for the academic year 2023-24. The RGUHS had denied the permission for writing the exams of all the 60 students.

¶190

The petitioner-institution has filed this writ petition seeking a writ of mandamus commanding the respondentsNCISM and RGUHS to approve the admission of 60 students admitted by the college to the BAMS course for the academic year 2022-23 and also to declare that the admission of 39 students by the college against the unfilled/vacant seats were proper and legal.

¶191

We have heard learned counsel appearing for the parties.

¶192

In view of the interim orders passed, the students admitted by the petitioner-colleges have not only studied in the colleges, but have written their examinations and have been promoted to III and II years respectively.

¶193

Before dealing with the respective submissions advanced by the learned counsel representing the parties, it would be apt

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to take note of the relevant provisions of the Act, Rules and Regulations.

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Section 14(3) of the NCISM Act, 2020 provides that NCISM shall specify, by its Regulations, the manner of conducting admissions to all the medical institutions governed under the Act.

¶198

Before coming into force of the NCISM Act, 2020, the Indian Medicine Central Council Act, 1970 was holding the field wherein, the minimum standards for admission, duration of course, details of curriculum, syllabus of study and the title of the degree or diploma etc., were governed. The provisions of NCISM Act, 2020 came into force with effect from 11.06.2021 and in pursuance of the provisions of sub-section (1) of Section 58 of the NCISM Act, the Indian Medicine Central Council Act was repealed with effect from 11.06.2021. The Central Council for Indian Medicine (CCIM) constituted under sub-section (1) of Section 3 of the Indian Medicine Central Council Act was dissolved and NCISM, the new authority, has replaced the CCIM. NCISM Act has been enacted to achieve the objective of establishing the medical education system which improves quality and affordable medical education and also ensures

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availability of adequate high quality medical professionals in all parts of the country.

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To achieve the aforesaid objective of the NCISM Act, under Section 14, it has been provided that there shall be an uniform National Eligibility-cum-Entrance Test (NEET) for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine in all the medical institutions governed under the Act. The NCISM has been entrusted under sub-section (2) of Section 14 to conduct the NEET. The NCISM is also required under the Regulations, the manner of conducting common counselling by the designated authority for admission to all medical institutions governed under the Act. Section 14 is extracted hereunder:

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"14. National Eligibility-cum-Entrance

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Test .—(1) There shall be a uniform National Eligibility-cum-Entrance Test for admission to the undergraduate courses in each of the disciplines of the Indian System of Medicine in all medical institutions governed under this Act:

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Provided that National Eligibility-cum-Entrance Test shall be exempted for students who have taken admission in–

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(i) Pre-tib for Bachelor of Unani Medicine and Surgery; and

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(ii) Pre-Ayurveda for Bachelor of Ayurvedic Medicine and Surgery.

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(2) The Commission shall conduct the National Eligibility-cum-Entrance Test in English and in such other languages, through such designated authority and in such manner, as may be specified by regulations.

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(3) The Commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to all the medical institutions governed under this Act: Provided that the common counselling shall be conducted by the designated authority of––

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(i) the Central Government, for All India seats; and

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(ii) the State Government, for the remaining seats at the State level.

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(4) The Commission shall specify by regulations the manner of admission of students to undergraduate courses who are exempted under sub-section (1)."

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Section 55 of the Act empowers the NCISM to frame

¶216

Regulations consistent with the provisions of the Act and the Rules made thereunder for the purposes of carrying out the

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provisions of the Act particularly, the quality or standard to be maintained in education of Indian System of Medicine and the manner in which the NEET shall be conducted as provided under sub-section (2) of Section 14 of the Act. The NCISM is also empowered to frame Regulations regarding the manner of conducting common counselling by the designated authority for admission to the medical institutions and the manner of admission of students to undergraduate courses as well as for the postgraduate seats.

¶220

In exercise of the powers conferred by sub-section (2) of Section 55, the NCISM has notified the National Commission for Indian System of Medicines (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022. Regulations 5(7)(i), 5(9) and 5(10) of the MSAE Regulations, 2022 provide as under:

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"5(7)(i) All seats irrespective of category are to be admitted through counselling only. Direct admission by any means other than above specified shall not be approved."

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"5(9) No authority or institution shall admit any candidate to the under-graduate programme in contravention of the criteria or procedure laid

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down in these regulations in respect of admission and any admission made in contravention of the said criteria or procedure shall be cancelled by the National Commission for Indian System of Medicine forthwith."

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"5(10) The authority or institution which grants admission to any student in contravention of the criteria or procedure laid down in these regulations shall be liable accordingly, under the relevant provisions of the Act."

¶226

The NCISM has also issued comprehensive guidelines for counselling and admission for undergraduate and postgraduate courses of Ayurveda, Siddha, Unani and Homeopathy for the academic year 2022-23. The guidelines also specifically stipulate that all admissions irrespective of categories/reservations are to be filled only through online counselling. No institution shall admit any candidate to undergraduate or postgraduate courses in contravention of the criteria or procedure in respect of the admissions and any admission made in contravention are to be cancelled by the NCISM. Further, appropriate actions would be initiated under the MSAE Regulations of 2022 against the medical colleges/institutions which violate or contravene the provisions

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of the Act, Rules, Regulations and guidelines. The guidelines also provide that the institute will be held responsible in case the students face hardship due to admission irregularities such as, offline admissions, admissions without counselling and admissions beyond the sanctioned intake capacity. In such cases, the students shall be discharged from the course and the institution, and the institution will be penalised.

¶230

When the NCISM came to know about the admissions taken by the petitioner-colleges without the process of counselling, it has issued the impugned communications to the respective colleges for cancelling such admissions.

¶231

On behalf of the petitioner-colleges, it is submitted that since all the seats could not be filled up by the KEA through counselling, the petitioner-colleges have admitted the students to avoid going waste the seats in the colleges in the larger interest. All the students had taken the NEET examination and no one has been admitted who did not participate in the NEET examination. It is further submitted that the petitionercolleges are willing to furnish all the relevant information to the KEA in respect of the students admitted by them such as, NEET scores and their eligibility for taking admission in the BAMS

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undergraduate course in the college. It is further submitted that the petitioner-institutions have not admitted any student over and above their sanctioned intake of 60 students in the academic year(s) which are subject matter of these writ petitions.

¶235

The learned Senior Counsel Mr. Vivek Subba Reddy appearing for the petitioners in W.P.No.18100/2024 has submitted that the management of the petitioner-colleges are well within their rights to fill up the seats when the KEA failed to allot seats to the students against the sanctioned intake of the colleges. He has placed reliance on a judgment of the Single Judge of Madras High Court dated 13.05.2022 passed in W.P.No.693/2022 and other connected writ petitions and submitted that the right to admit the students is part of management's right guaranteed under Article 19(1)(g) of the Constitution of India. The seats going vacant result in huge financial loss to the management of the educational institution apart from being a national waste of resources. Interest of general public is not subserved by seats being kept vacant. Learned Senior Counsel has further submitted that the National Medical Council has reduced its percentile to zero in

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examination for taking admissions to postgraduate medical courses and therefore, even if the students have not scored well in the NEET examination for taking admission to BAMS UG, their admissions cannot be held to be illegal.

¶238

Paragraphs 8, 9 and 10 of the said judgment of the Madras High Court are extracted hereunder:

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"8. The Hon'ble Supreme Court clarified that the restriction laid down in Dar-Us-Slam Educational Trust case would apply only for admission to UG courses and it would not apply even to PG courses. Here we are concerned with admission to courses imparting Indian Medicine and Homeopathy. Therefore, on this ground, I hold that the decision made in Venkateshwaraa case will not have any application.

¶240

On the other hand, in my view, the issue raised in these writ petitions is no longer res integra. The Hon'ble Supreme Court in the decision reported in 2021 SCC Online 318 [Index Medical College, Hospital and Research Centre Vs. State of Madhya Pradesh and Others] had held as follows:

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"26. The right to admit students which is a part of the management's right to occupation under Article 19 (1) (g) of the

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Constitution of India stands defeated by Rule 12 (8) (a) as it prevents them from filling up all the seats in medical courses. Upgradation and selection of subject of study is pertinent only to postgraduate medical course. In so far as undergraduate medical course is concerned, the upgradation is restricted only to a better college. Not filling up all the medical seats is not a solution to the problem. Moreover, seats being kept vacant results in huge financial loss to the management of the educational institutions apart from being a national waste of resources. Interest of the general public is not subserved by seats being kept vacant. On the other hand, seats in recognised medical colleges not being filled up is detrimental to public interest. We are constrained to observe that the policy of not permitting the managements from filling up all the seats does not have any nexus with the object sought to be achieved by Rule 12 (8) (a). The classification of seats remaining vacant due to non-joining may be based on intelligible differentia but it does not have any rational connection with the object sought to be achieved by Rule 12 (8) (a). Applying the test of proportionality, we are of the opinion that the restriction imposed by the Rule is unreasonable. Ergo, Rule 12

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(8)(a) is violative of Articles 14 and 19 (1)

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(g) of the Constitution."

¶248

Respectfully applying the aforesaid ratio, I hold that the writ petitioners-College Managements were well within their rights to fill up the vacant seats in the respective courses. All the writ petitions stand allowed and the orders impugned in the writ petitions (W.P.Nos.693, 695, 12761, 12182, 12188, 12193 and 12585 of 2022) stand quashed. No costs. Consequently, connected miscellaneous petitions are closed."

¶249

Mr. N.K. Ramesh, learned counsel appearing for the KEA has submitted that in W.P.No.18100/2024, the petitionercollege has admitted 20 students who were not routed through KEA counselling and the admissions made so by the college are in violation of Regulation 5(7)(i) of the NCISM Regulations. The college has not submitted the NEET score/rank of these 20 students for verification by the KEA to assess their eligibility for BAMS course.

¶250

In respect of W.P.No.16296/2024, learned counsel for the KEA submits that the petitioner-college has taken admission of 39 students during the academic year 2022-23 for BAMS course and these 39 students were not routed through KEA

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counselling and therefore, these admissions are in violation of Regulation 5(7)(i) of the Regulations. Neither the college nor these 39 students have furnished any documents suggesting that they had registered themselves with the KEA and had taken NEET. Their NEET score/rank have not been furnished for verification by the KEA and their eligibility for admission to BAMS course. Similar submissions have been made in respect of other writ petitions.

¶254

In respect of W.P.No.5388/2024, it has been submitted by Mr. N.K.Ramesh, learned counsel appearing for the KEA that during the academic year 2022-23, the colleges had admitted students who were not routed through KEA counselling. Out of 27 students so admitted, only 23 had registered themselves with KEA by uploading CET applications. Out of these 23 students, only 3 students i.e., petitioner Nos.8, 9 and 15 have filed their respective NEET roll numbers and only petitioner Nos.9 and 15 had completed the document verification process and entered their options. Petitioner No.15 did not opt the petitioner-college as one of his options. Petitioner No.9, though entered this petitioner-college as one of his options, owing to his low ranking, he was not allotted any seat. The cut-off

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ranking for BAMS seat is rank No.496041. The other 20 petitioners/students did not submit their NEET ranking and therefore, the KEA is not in a position to assess whether they are NEET qualified or not. It also appears that the remaining 20 petitioners perhaps are not part of CET or NEET examinations.

¶258

The learned counsel for the KEA further submitted that despite the KEA conducting many rounds of counselling, the petitioners/students had failed to approach the KEA seeking allotment of seats during 2023 counselling for BAMS course. The KEA has conducted as many as 6 rounds of counselling up to 30.11.2023. He, therefore, submits that the students admitted by the colleges appear to be those who blocked their seats with the colleges to get themselves admitted just before the closure of the last date of admission without there being any scrutiny of eligibility criteria by the KEA. The colleges and students appear to be involved in seat blocking for consideration. As the students registered for counselling did not opt for the petitioner-colleges, the KEA could not allot the students to the petitioner-colleges upto their sanctioned intake.

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It is further submitted by the KEA that in the event of any relief being granted by the KEA, their academic credentials and NEET eligibility are to be verified and only such of the students who qualify the admission criteria are to be considered for admission. Further, as a deterrent, the petitionerinstitutions should be imposed with exemplary costs for taking admission in flagrant violation of the Regulations and the guidelines framed by the NCISM.

¶262

It is submitted by Smt. Manasi Kumar, learned counsel appearing for NCISM that the admission of the students without the process of counselling is in violation of Regulations 5(7)(i), 5(9) and 5(10) of the NCISM Regulations. The mandate of Regulation 5(7)(i) of the Regulations is that all seats irrespective of category, except foreign nationals, be filled up through counselling only. Direct admission by any institution other than the counselling is not to be approved. Regulation 5(9) of the aforesaid Regulations does provide that any admission made to the undergraduate programme in contravention of the criteria or procedure laid down under these Regulations has to be cancelled by the NCISM. Further, the NCISM is empowered to take punitive action against the

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institution/college which grants admission to any student in contravention of the criteria or procedure laid down under the Regulations.

¶266

Placing reliance on the aforesaid Regulations, the learned counsel appearing for the NCISM vehemently argued that these admissions are against the Regulations and cannot be approved and this Court should not grant approval to these illegal admissions taken by the petitioner-institutions. In support of her submission, learned counsel has placed reliance on the following judgments:

¶267

Mani Subrat Jain & Ors. V. State of Haryana & Ors.

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([1997] 1 SCC 486)

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Abdul Ahad & Ors. V. Union of India & Ors. ([2022] 18 SCC 108)

¶270

A judgment passed by Co-ordinate Bench of this Court on

¶271

27.02.2025 rendered in W.A.No.941/2024 in Mr. Gadhave Rushikesh Dadabhau & Ors. V. Rajiv Gandhi University of Health Sciences & Ors.

¶272

We have considered the submissions advanced on behalf of the petitioners and the respondents. There is no manner of

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doubt that the admissions of the students by the petitionerinstitutions beyond the allotments made by the KEA through counselling are against Regulations 5(7)(i), 5(9) and 5(10) of the MSAE Regulations, 2022. The petitioner-institutions may have the right to admit the students against the sanctioned intake, however, the admissions have to be made only in accordance with the MSAE Regulations and the management of the colleges is not entitled to make admissions on their own.

¶276

The submissions advanced by learned Senior Counsel Mr. Vivek S. Reddy on behalf of the petitioner-institutions that the petitioner-institutions has fundamental right to admit students against the sanctioned intake of the students, but this right is not an absolute right and it is subject to relevant regulations and the procedure laid down for taking admissions.

¶277

If the medical institutions are allowed to take admissions of unqualified, undeserving students to pursue the medical courses, the very purpose and object of providing quality medical education would get defeated. To ensure the same, the Central Government has enacted the NCISM Act, 2020 with object to have quality and affordable medical education and also to ensure availability of high quality medical professionals

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in all parts of the country. The new authority has been put in place i.e., NCISM which is vested with the powers to make regulations for the purposes of carrying out the provisions of the Act including providing for quality or standard to be maintained in the education of Indian System of Medicine, admission etc. We, therefore, are of the view that we cannot approve the conduct of the petitioner-colleges. However, to save the interest of the students admitted by the petitionercolleges over and above the allotment made by the KEA, we direct the petitioner-colleges to furnish the details of all the students admitted before the KEA within a period of ten days from today for verification by the KEA about the eligibility of the students admitted by the petitioner-colleges. The KEA will examine the credentials of each student to find out whether such a student was eligible for admission or not. List of all the eligible students should be forwarded to NCISM as well as RGUHS by the KEA, and admission of only those students shall be approved by the said authorities.

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The petitioner-colleges will furnish undertaking on

¶282

affidavit that in future, they will take only those students who would be sent through counselling to the colleges by the KEA,

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and they will not admit any other student who is not sent by the KEA through counselling, except the foreign students. This affidavit has to be submitted by the petitioner-colleges within a period of ten days before the NCISM and the KEA as well as before the RGUHS.

¶286

As one-time measure, the students who are found to be eligible to take admissions shall be permitted to complete their studies of BAMS course. However, as a deterrent measure, we impose costs of Rs.75 lakh each for two sessions on the TMAE Society, which is the petitioner both in W.P.No.18100/2024 and W.P.No.5388/2025 and Rs.75 lakh each on the petitionercolleges in W.P.No.18571/2024 and W.P.No.16296/2024. This amount is directed to be deposited by the petitioner-colleges within a period of four weeks from today in favour of the Armed Forces Battle Casualties Welfare Fund, Canara Bank Savings Bank Account No.90552010165915, IFSC Code.CNRB0019055. The admissions of the eligible students would be subject to the said deposit made by the petitioner-colleges within a period of four weeks and the proof of the deposit shall be submitted by the respective colleges before all the three authorities i.e., NCISM, KEA and RGUHS, including the Registry of this Court.

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With the aforesaid directions, these writ petitions stand disposed off. All interlocutory applications are also closed.

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Sd/(D K SINGH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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BKV

T M a E Societys v. State of Karnataka

Case brief

What is this about?

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T M a E Societys v. State of Karnataka

Case brief

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