Disposed

Excel Homeopathy Medical College and Hospital v. Union of India

Madras HC21 Jul 2026WP/32357/2022

Case brief

AI extract

What is this about?

Homeopathy colleges challenged the NEET eligibility requirement for B.H.M.S admissions and sought approval for students admitted in 2021-22 under lapsed seats. Following the Supreme Court's direction that students protected by interim orders be permitted to complete their course, the court directed the university to open the examination portal, permit the students to write exams, publish results a

What did the court decide?

Respondents 7 and 8 directed to open examination portal, permit 2021-22 BHMS admissions to write exams, publish results and issue certificates per Supreme Court order; no costs.

Excel Homeopathy Medical College and Hospital Vs… — Education and Admissions | Madras HC (2026)

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.07.2026

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022 AND CONNECTED MISCELLANEOUS PETITIONS

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W.P.NO.11129 OF 2022

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Excel Homeopathy Medical College & Hospital Rep. By its Administrative Officer NH-544, Salem Main Road, Pallakapalayam, Sankari West Post, Komarapalayam Taluk, Namakkal District – 637 303. … Petitioner

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Vs.

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1.Union of India Rep. By its Secretary Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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2.National Commission for Homeopathy Rep. By its President (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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Page No.1 of 16

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat,

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Chennai – 600 009.

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4.The Director Indian Medicine and Homeopathy Arumbakkam, Chennai – 600 106.

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5.The Secretary Selection Committee Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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6.Association of Ayurveda, Yoga & Naturopathy Siddha and Homeopathy Private Medical Colleges Rep. By its Secretary No.127, Triplicane High Road, Chennai – 600 005.

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7.The Tamil Nadu Dr.M.G.R. Medical University Rep. By its Registrar No.69, Anna Salai, Guindy, Chennai – 600 032.

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8.The Controller of Examinations

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The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai – 600 032.

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… Respondents

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(R7 and R8 impleaded vide order dated 09.03.2023 made in WMP No.7764 of 2023 in W.P.No.11129 of 2022)

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the Regulation 3 of

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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the Homeopathy (Degree Course) Amendment in Notification No.1213/2006-CCH (Pt.V) dated 14.12.2018 and Notification No.12-13/2006CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far as it mandates NEET as an essential eligibility criteria as illegal, arbitrary, ultra virus, without authority of law and contrary to Section 20(2) of the Homeopathy Central Council Act, 1973 to enable the petitioner institution to fill up the available vacancies in Homeopathy (B.H.M.S) Degree Course during the academic year 2021-2022.

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For Petitioner : Mr.Kandhan Duraisami For Respondent-1 : Mr.B.Rabu Manohar (SCGSC) For Respondent-2 : Mr.Sanjay (CGSC) for Mr.R.Rajesh Vivekanandan (DSG) For Respondents 3-6 : No appearance For Respondents 7&8 : Mr.Hari Radhakrishnan

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W.P.NO.11130 OF 2022

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Dr.Hahnemann Homeopathy Medical College & Research Centre Rep. By its Director Koneripatty, Rasipuram, Namakkal District – 637 408. … Petitioner Vs.

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1.Union of India Rep. By its Secretary Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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2.National Commission for Homeopathy Rep. By its President (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat, Chennai – 600 009.

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4.The Director Indian Medicine and Homeopathy Arumbakkam, Chennai – 600 106.

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5.The Secretary Selection Committee Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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6.Association of Ayurveda, Yoga & Naturopathy Siddha and Homeopathy Private Medical Colleges Rep. By its Secretary No.127, Triplicane High Road, Chennai – 600 005.

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7.The Tamil Nadu Dr.M.G.R. Medical University Rep. By its Registrar No.69, Anna Salai, Guindy, Chennai – 600 032.

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8.The Controller of Examinations The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai – 600 032.

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… Respondents

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(R7 and R8 impleaded vide order dated 09.03.2023 made in WMP No.7773 of 2023 in W.P.No.11130 of 2022)

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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PRAYER

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the Regulation 3 of the Homeopathy (Degree Course) Amendment in Notification No.1213/2006-CCH (Pt.V) dated 14.12.2018 and Notification No.12-13/2006CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far as it mandates NEET as an essential eligibility criteria as illegal, arbitrary, ultra virus, without authority of law and contrary to Section 20(2) of the Homeopathy Central Council Act, 1973 to enable the petitioner institution to fill up the available vacancies in Homeopathy (B.H.M.S) Degree Course during the academic year 2021-2022.

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W.P.NO.11446 OF 2022

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Shri Barani Homeopathy Medical College & Hospital Rep. By its Director Pillikalmedu, Kokarayanpetai Road, Tiruchengode Taluk, Namakkal District – 638 214. … Petitioner

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Vs.

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1.Union of India Rep. By its Secretary Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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2.National Commission for Homeopathy Rep. By its President (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat, Chennai – 600 009.

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4.The Director Indian Medicine and Homeopathy Arumbakkam, Chennai – 600 106.

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5.The Secretary Selection Committee Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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6.Association of Ayurveda, Yoga & Naturopathy Siddha and Homeopathy Private Medical Colleges Rep. By its Secretary No.127, Triplicane High Road, Chennai – 600 005.

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… Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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For Petitioner : Mr.Kandhan Duraisami

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For Respondent-1 : Mr.B.Rabu Manohar (SCGSC) For Respondent-2 : Mr.Sanjay (CGSC) for Mr.R.Rajesh Vivekanandan (DSG)

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For Respondents 3-6 : No appearance

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W.P.NO.32357 OF 2022

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Excel Homeopathy Medical College & Hospital Rep. By its Chairman NH-544, Salem Main Road, Pallakapalayam, Sankari West Post, Komarapalayam Taluk, Namakkal District – 637 303. … Petitioner

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Vs.

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1.Union of India Rep. By its Secretary Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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2.National Commission for Homeopathy Rep. By its President (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat, Chennai – 600 009.

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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4.The Director

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Indian Medicine and Homeopathy Arumbakkam,

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Chennai – 600 106.

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5.The Admission Regulatory Authority Secretary, Selection Committee, Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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6.The Tamil Nadu Dr.M.G.R. Medical University Rep. By its Registrar No.69, Anna Salai, Guindy, Chennai – 600 032.

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… Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents pertaining to the impugned proceedings of the second respondent herein in File No.11-1/MA&RBH/NCH/2022-23/9735 dated 11.11.2022 and quash the same and consequently direct the respondents to approve the admission of the students who are admitted in Homeopathy (B.H.M.S.) Degree Course during the academic year 2021-2022 in the petitioner institution (list enclosed) in consonance with the order of this Court dated 29.04.2022 in W.P.No.11129 of 2022.

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For Petitioner : Mr.Kandhan Duraisami For Respondent-1 : Mr.B.Rabu Manohar (SCGSC) For Respondent-2 : Mr.Sanjay (CGSC) for Mr.R.Rajesh Vivekanandan (DSG) For Respondents 3-5 : No appearance For Respondent-6 : Mr.Hari Radhakrishnan

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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W.P.NO.32362 OF 2022

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Dr.Hahnemann Homeopathy Medical College & Research Centre Rep. By its Director Koneripatty, Rasipuram, Namakkal District – 637 408.

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… Petitioner

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Vs.

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1.Union of India Rep. By its Secretary Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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2.National Commission for Homeopathy Rep. By its President (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat, Chennai – 600 009.

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4.The Director Indian Medicine and Homeopathy Arumbakkam, Chennai – 600 106.

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5.The Admission Regulatory Authority Secretary, Selection Committee Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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6.The Tamil Nadu Dr.M.G.R. Medical University Rep. By its Registrar No.69, Anna Salai, Guindy, Chennai – 600 032. … Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents pertaining to the impugned proceedings of the second respondent herein in File No.11-1/MA&RBH/NCH/2022-23/9715 dated 11.11.2022 and quash the same and consequently direct the respondents to approve the admission of the students who are admitted in Homeopathy (B.H.M.S.) Degree Course during the academic year 2021-2022 in the petitioner institution (list enclosed) in consonance with the order of this Court dated 29.04.2022 in W.P.No.11130 of 2022.

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For Petitioner : Mr.Kandhan Duraisami For Respondent-1 : Mr.B.Rabu Manohar (SCGSC) For Respondent-2 : Mr.Sanjay (CGSC) for Mr.R.Rajesh Vivekanandan (DSG)

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For Respondents -3 to 5: No appearance For Respondents-6 : Mr.Hari Radhakrishnan

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COMMON ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The present writ petitions have been instituted seeking to

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declare that the Regulation 3 of the Homeopathy (Degree Course) Amendment in Notification No.12-13/2006-CCH (Pt.V) dated 14.12.2018

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https://www.mhc.tn.gov.in/judis

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W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022

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and Notification No.12-13/2006-CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far as it mandates NEET as an essential eligibility criteria as illegal, arbitrary, ultra virus, without authority of law and contrary to Section 20(2) of the Homeopathy Central Council Act, 1973 to enable the petitioners’ institution to fill up the available vacancies in Homeopathy (B.H.M.S) Degree Course during the academic year 2021-2022.

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2.This Court on 12.06.2026 in WMP Nos.24140 and 24142 of 2026 in W.P.Nos.11129 and 11130 of 2022, passed the following orders:

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“2.Learned counsel for petitioners would

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mainly contend that several High Courts across the country have granted interim orders to the students admitted in the year 2021-2022 to participate in the examination and allow those students to complete the course. The matter was taken up by way of an appeal by National Commission for Homeopathy in S.L.P.No.4799 of 2022. The Hon’ble Supreme Court of India passed final orders on 05.02.2026 and the relevant portions read as under;

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“9.Mr.Animesh Kumar and Mr.Kundan Kumar Mishra, the learned counsel appearing for some of the respondents brought to our notice that there are students who are at present in the final year of their BHMS course. These are all students who were admitted in 2021-2022 in pursuance of the interim order passed by the Delhi High Court. We direct that these students shall be permitted to complete their course.

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10.We clarify that only those students who have been protected by virtue of interim orders, they shall be permitted to complete their course.

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11.All those students who have completed their course are now entitled to get themselves registered with the concerned State Council and Boards if they are otherwise eligible.”

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3.Learned counsel for petitioners would submit that the students in the petitioners’ institution were admitted in 2021-2022 batch. That being the

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factum, the judgment of the Hon’ble Apex Court would squarely apply to the case of petitioners herein.

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The respondents 7 and 8 are directed to

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open the examination portal to enable the petitioners to submit the examination applications for the students admitted in BHMS course for the year 2021-2022 under the lapsed seat category, permit students to write the examination, publish the result of the examination and issue certificates in line with the order of the judgment of the Hon’ble Supreme Court [supra] pending disposal of the main writ petitions.

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3.In pursuance of the interim orders passed by this Court dated 12.06.2026, the students in the petitioners’ institution were admitted and permitted to write the examinations. Since the grievance of the petitioners has been redressed and their students have been permitted to write the examinations, the respondents shall evaluate the

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answer scripts and declare the results by following the procedures prescribed. It is needless to state that the students admitted pursuant to

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the interim order, shall be permitted to complete their course in all respects.

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4.With these directions, all these writ petitions are disposed

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of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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[S.M.S., J.] [N.S., J.]

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21.07.2026

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Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

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1.The Secretary Union of India Ministry of AYUSH, EP (IM-2) AYUSH Bhavan ‘B’ Block, GPO Complex, INA, New Delhi – 110 023.

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2.The President

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National Commission for Homeopathy (Previously known as Central Council of Homeopathy, (CCH)) No.61-65, Institutional Area, Janakpuri, ‘D’ Block, New Delhi – 110 058.

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3.The Secretary to Government of Tamil Nadu Health Department Secretariat, Chennai – 600 009.

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4.The Director

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Indian Medicine and Homeopathy Arumbakkam, Chennai – 600 106.

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5.The Secretary Selection Committee Directorate of Indian Medicine and Homeopathy Aringar Anna Government Hospital Campus Arumbakkam, Chennai – 600 106.

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6.The Secretary

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Association of Ayurveda, Yoga & Naturopathy Siddha and Homeopathy Private Medical Colleges No.127, Triplicane High Road, Chennai – 600 005.

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7.The Registrar

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Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai – 600 032.

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8.The Controller of Examinations

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The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai, Guindy, Chennai – 600 032.