Earafan v. National Commission for Indian System of Medicine (Ncism)

Karnataka HC5 Dec 2025WP/24564/2025

Case brief

AI extract

What is this about?

Karnataka HC Division Bench, WP No. 24564 of 2025 (GM-RES), NC: 2025:KHC:51119-DB, order dated 05-12-2025 (Vibhu Bakhru CJ & C.M. Poonacha J). PIL under Art. 226 re NCISM/MARBISM conditional permissions to AYUSH medical colleges for AY 2025-26 and alleged discrimination; petition disposed of, not entertained, because underlying policy dated 23.01.2025 was not challenged; liberty reserved to attack the policy; respondents NCISM (Chairperson/Secretary) and MARBISM (President/Member); advocate for respondents: Manasi Kumar.

What did the court decide?

No substantive relief; petition disposed of with liberty reserved to the petitioner to raise any issue regarding the policy dated 23.01.2025 ¶¶43

Earafan Vs National Commission for Indian System… — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:51119-DB WP No. 24564 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF DECEMBER, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

¶7

AND

¶8

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 24564 OF 2025 (GM-RES)

¶9

BETWEEN:

¶10

EARAFAN S/O KHAJAMIN, AGED ABOUT 36 YEARS, R/AT-3/117, BALGANUR VILLAGE, MASKI TALUK, RAICHUR DISTRICT-584138.

¶11

…PETITIONER

¶12

(BY SRI. CHANDAN SHREEKANT MALAPUR, ADVOCATE)

¶13

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM) OFFICE T-19, 1ST AND 2ND FLOOR, BLOCK - I, DHANWANTRI BHAVAN, ROAD NO. 66, PUNJABI BAGH (WEST), NEW DELHI-110-026. REP BY ITS CHAIRPERSON,

¶16

THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM), OFFICE T-19, 1ST AND 2ND FLOOR, BLOCK - I, DHANWANTRI BHAVAN,

¶17

¶18

NC: 2025:KHC:51119-DB WP No. 24564 of 2025

¶19

HC-KAR

¶20

ROAD NO. 66, PUNJABI BAGH (WEST), NEW DELHI-110-026 REP BY ITS SECRETARY.

¶21

MEDICAL ASSESSMENT AND RATING BOARD FOR INDIAN SYSTEM OF MEDICINE (MARBISM) NCISM, NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH, GOVT. OF INDIA, OFFICE T-19, 1ST AND 2ND FLOOR, BLOCK-IV, DHANWANTRI BHAVAN, ROAD NO. 66, PUNJABI BAGH (WEST), NEW DELHI-110-026. REP BY ITS PRESIDENT.

¶22

THE MEDICAL ASSESSMENT AND RATING BOARD FOR INDIAN SYSTEM OF MEDICINE (MARBISM) NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM), MINISTRY OF AYUSH, GOVT. OF INDIA, OFFICE T-19, 1ST AND 2ND FLOOR, BLOCK-IV, DHANWANTRI BHAVAN, ROAD NO. 66, PUNJABI BAGH (WEST), NEW DELHI-110-026, REP BY ITS MEMBER.

¶23

…RESPONDENTS

¶24

(BY SMT. MANASI KUMAR, ADVOCATE FOR R1 TO R4)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND PERUSE THE SAME PERTAINING TO THE CONDITIONAL PERMISSIONS PROVIDED TO THE ALL THE AYUSH REGISTERED MEDICAL COLLEGES FOR THE ACADEMIC YEAR 2025-26 ACROSS THE COUNTRY AND ETC.

¶26

¶27

NC: 2025:KHC:51119-DB WP No. 24564 of 2025

¶28

HC-KAR

¶29

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶30

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

¶31

HON'BLE MR. JUSTICE C.M. POONACHA

¶32

ORAL ORDER

¶33

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶34

The petitioner has filed the present petition as a Public Interest Litigation inter alia praying that this Court to call for records pertaining to the conditional permissions provided to all the Ayush Registered Medical Colleges for the academic year 2025-2026 across the Country.

¶35

A reading of the petition indicates that the petitioner has certain grievances regarding discrimination in granting of permission to colleges. It is stated that there are more than 18,000 students who excluded from admission. Even in cases where permissions are granted, there is uncertainty.

¶36

The learned counsel appearing for the petitioner also referred to a communication/decision dated 04.08.2025, whereby permission for intake of students was granted to a college. The same indicates that the permission for intake was granted despite noting certain deficiencies. The letter granting permission indicates

¶37

¶38

NC: 2025:KHC:51119-DB WP No. 24564 of 2025

¶39

HC-KAR

¶40

that despite deficiencies, the permission was granted on the basis of the policy dated 23.01.2025. However, the petition neither refers to nor sets out the said policy. The said policy is not challenged.

¶41

In view of above, we do not consider it apposite to entertain

¶42

the present petition. However we clarify that this would not preclude the petitioner from raising any issue regarding the said policy, if the petitioner so desires.

¶43

The petition is disposed of with the aforesaid observations .

¶44

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

¶45

Sd/(C.M. POONACHA) JUDGE

¶46

BS List No.: 2 Sl No.: 18

Earafan v. National Commission for Indian System of Medicine (Ncism)

Case brief

What is this about?

What did the court decide?

Earafan v. National Commission for Indian System of Medicine (Ncism)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

The State of Karnataka Vs Mr. H D Kumaraswamy

M/S T K Jana Gold Jewellery Works Vs the Chairman

Sri. Krishnappa by His Lrs Vs the State of Karnataka

State of Karnataka Vs Mr E Fidelis Prabhu

Sri. Govindaraju Vs the Principal Secretary

Sri. Sanjeev Murthy Vs Dr. Shalini Rajneesh