Achutha Ayurvedic Medical College, Vs National Commission for Indian Systems of Medicine

ACHUTHA AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, GOPALPURA, BAGUR POST, BENGALURU-562 149, REP. BY ITS PRINCIPAL, DR. MANJUNATH PUJERI, S/O MR.SIDDAPPA PUJERI, AGED 42 YEARS.

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Digitally signed by KAVYA G Location: High Court of Karnataka

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MS.HADIYA KHANUM, D/O HAFFIZ Z KHAN, AGE 20 YEARS, NEET (UG) 2024 ALL INDIA RANK: 13,27,544.

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MS. SYEDA SADIYA, D/O MOHD. HAYAT SHARIFF, AGE 19 YEARS, NEET (UG) 2024 ALL INDIA RANK: 14,09,738.

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2 - NC: 2026:KHC:10572-DB WP No. 5940 of 2026

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HC-KAR

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MS. ASIYA BANU, D/O MOHD. RAFEEQ, AGE 20 YEARS, NEET (UG) 2024 ALL INDIA RANK: 14,54,351.

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MS. TASMIYA BANU, D/O ABDUL AZEEZ, AGE 25 YEARS, NEET (UG) 2024, ALL INDIA RANK: 9,97,707.

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MS. DHRUTHI.D, D/O DHARNESH M N, AGE 20 YEARS, NEET (UG) 2024 ALL INDIA RANK: 13,28,981

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…PETITIONERS

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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AND:

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

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MEDICAL ASSESSMENT AND RATING BOARD (MARB), NCISM, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65,

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HC-KAR

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INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI-110 058.

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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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KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BENGALURU-560 012, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, DIRECTORATE OF AYUSH, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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( SRI. B.S.SACHIN., ADVOCATE FOR R3; GOVT. ADVOCATE SERVED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 02/09/2024 BEARING REF.NO.4-185/MARB/KA/2024-25 AY PASSED BY RESPONDENT NO.2 - MEDICAL ASSESSMENT AND RATING BOARD (MARB) VIDE ANNEXURE-H, INSOFAR AS IT REDUCES THE INTAKE CAPACITY OF THE PETITIONER COLLEGE FROM 60 SEATS TO 54 SEATS FOR THE ACADEMIC YEAR

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NC: 2026:KHC:10572-DB WP No. 5940 of 2026

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HC-KAR

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2024-25; (II) ISSUE A WRIT OF DECLARATION DECLARING THAT THE EXCLUSION OF DR.H.G.JAYALAKSHMI FROM THE COMPUTATION OF ELIGIBLE FACULTY IS ILLEGAL, ARBITRARY, CONTRARY TO THE PROVISIONS OF THE MSR 2022 AND VIOLATIVE OF ARTICLES 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA; (III) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO RESTORE AND RECOGNIZE THE INTAKE CAPACITY OF THE PETITIONER COLLEGE AT 60 SEATS FOR THE ACADEMIC YEAR 2024-25; (IV) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 -RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, TO APPROVE AND REGULARISE THE ADMISSIONS OF PETITIONER NOS.2 TO 6 AND TO DECLARE THEIR EXAMINATION RESULTS AND PERMIT THEM TO CONTINUE THEIR COURSE OF STUDY WITHOUT INTERRUPTION; (V) GRANT SUCH OTHER WRIT, ORDER OR DIRECTION.

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF

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NC: 2026:KHC:10572-DB WP No. 5940 of 2026

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HC-KAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Sri.B.S. Sachin, learned counsel has accepted notice on behalf of respondent No.3.

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Learned counsel for the petitioners, though has fairly stated that against the impugned order dated 02.09.2024, petitioner No.1 has a right of appeal to the Commission, however, states that the exams for the First Year were scheduled to have commenced from 18.02.2026 and therefore, petitioner Nos.2 to 6 may be permitted to appear in the forthcoming examinations.

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It is stated that petitioner Nos.2 to 6 were admitted on 08.01.2025. A perusal of the impugned order dated 02.09.2024 itself reflects that by means of the aforesaid order, the President of the Medical Assessment and Rating Board for Indian System of Medicine had passed the order in which it was stated that in accordance with seat reduction policy 2024-25, seat reduction in the intake capacity shall be considered by reducing the intake strength by 10% of total intake capacity. Hence, after applying the seat reduction policy 2024-25 under

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HC-KAR

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Section 28(1)(f) of NCISM Act, 2020¹ , the petitioner - College was found fulfilling the basic eligibility criteria for issuance of 2^nd Renewal of Permission with 54 seats (instead of 60 seats) in UG (BAMS) course for the academic session 2024-25 under Section 29 of NCISM Act, 2020. Accordingly, renewal of permission was granted to the petitioner - College with intake capacity of 54 seats (instead of 60 seats) regarding UG (BAMS) course for the academic session 2024-25 subject to certain conditions. This order was passed on 02.09.2024. Under Section 29(5) of the aforesaid NCISM Act, 2020, there is a provision of appeal before the Commission within 15 days. Moreover, under Section 29(6) of the NCISM Act where the Commission has disapproved a scheme, or if no order has been passed within 15 days from the date of referring appeal under sub-section (5), a second appeal is provided before the Central Government. No such appeal has been referred by petitioner No.1. Instead, this petition is filed on 19.02.2026 seeking to invoke the compassion of the Court to permit the ‘innocent students’ to appear in the examinations that have already commenced.

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1 National Commission for Indian System of Medicine Act, 2020

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HC-KAR

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The learned counsel for the petitioners has pointed out that a learned Single Judge of this Court in Writ Petition No.100366/2026, has passed an order on 21.01.2026 in respect of another College permitting the students who were petitioner Nos.2 to 6 therein to be permitted to appear for the First Year BAMS examinations scheduled from 18.02.2026.

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It is admitted to the learned counsel for the petitioners that petitioner Nos.2 to 6 have been allotted those seats in excess of the 54 seats that were approved by the Board by means of its order impugned dated 02.09.2024. It is the petitioner - College that has put the interest of the students in jeopardy by deliberately admitting them in the College well knowing it had no authority to do the same. Without availing the alternative remedy of appeal, the petitioner No.1 has approached this Court after five months of the impugned order dated 02.09.2026 when the exams have already started, using the predicament of the students as its shield. Permitting the students to appear in the examinations of the First Year BAMS that have already commenced on 18.02.2026, would be, in

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HC-KAR

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effect granting the imprimatur of the Court on the illegal conduct of petitioner No.1 of deliberately admitting the students in the College.

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Therefore, with all due respect to the learned Single

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Judge who has passed the order aforesaid dated 21.01.2026 in another writ petition, we are unable to subscribe to that point of view. This petition is therefore dismissed.

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Pending I.As stand disposed of.

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Sd/(JAYANT BANERJI) JUDGE

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Sd/(T.M.NADAF) JUDGE

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KG List No.: 2 Sl No.: 1

Achutha Ayurvedic Medical College, v. National Commission for Indian Systems of Medicine

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Achutha Ayurvedic Medical College, v. National Commission for Indian Systems of Medicine

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