Direct Admissions Violate NCISM Regulations, But Student Interests Protected Via Verification and Heavy Costs: Karnataka High Court - 2025-09-01

Karnataka High Court Penalizes Ayurvedic Colleges with ₹2.25 Crore Fine for Illegal Admissions, Protects Students' Future

Bengaluru: In a significant ruling addressing illegal admissions in medical colleges, the Karnataka High Court has imposed a hefty penalty of ₹75 lakh each on three Ayurvedic colleges for admitting students directly, bypassing the mandatory centralized counseling process. While strongly condemning the institutions' "flagrant violation" of national regulations, a division bench of Justice D K Singh and Justice Venkatesh Naik T crafted a one-time solution to safeguard the careers of the affected students.

The Court directed the colleges to pay a cumulative fine of ₹2.25 crore to the Armed Forces Battle Casualties Welfare Fund. The approval of the students' admissions is now conditional upon this payment and a thorough verification of their eligibility by the Karnataka Examination Authority (KEA).

The Core of the Dispute

The judgment was delivered on a batch of writ petitions filed by T M A E Society's Ayurvedic Medical College, Achutha Ayurvedic Medical College, and Ramakrishna Ayurvedic Medical College, along with numerous students admitted for the Bachelor of Ayurvedic Medicine and Surgery (BAMS) course for the 2022-23 and 2023-24 academic years.

The crux of the matter was that these colleges had filled vacant seats directly after the official counseling rounds conducted by the KEA concluded. Consequently, the Rajiv Gandhi University of Health Sciences (RGUHS) refused to approve these admissions, and the National Commission for Indian System of Medicine (NCISM), the apex regulatory body, initiated action to cancel them.

Arguments Before the Court

Petitioners' Stance: The colleges, represented by Senior Counsel Vivek Subba Reddy among others, argued that their actions were aimed at preventing seats from going vacant, which they termed a "national waste of resources." They contended that the right to admit students is part of the management's fundamental right to occupation under Article 19(1)(g) of the Constitution. They assured the court that all admitted students had appeared for the National Eligibility-cum-Entrance Test (NEET).

Respondents' Counter: The NCISM and KEA vehemently opposed the petitions. They highlighted that the National Commission for Indian System of Medicines (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022, unequivocally mandate that all admissions must be routed through the centralized counseling process.

The key regulations cited were:

- Regulation 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."

- Regulation 5(9) & 5(10): These empower the NCISM to cancel any admission made in contravention of the rules and penalize the erring institution.

The KEA further submitted that the colleges had not provided the NEET scores of these students for verification, raising concerns about their eligibility and the possibility of "seat blocking for consideration."

Court's Judgment: Upholding Regulation While Saving Careers

The High Court unequivocally held that the admissions made by the petitioner-colleges were illegal and in direct contravention of the NCISM Act and its regulations.

"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," the bench observed.

Rejecting the colleges' fundamental rights argument, the Court clarified that the right to admit students is not absolute and is subject to established laws and procedures designed to maintain educational standards.

However, recognizing that the students had already been studying and taking examinations under interim orders, the Court balanced the need for regulatory compliance with the students' interests.

The Final Verdict and Directions

In its final order, the Court disposed of the petitions with a series of stringent directions:

1. Eligibility Verification: The colleges must submit the details of all directly admitted students to the KEA within ten days for a thorough verification of their academic credentials and NEET eligibility.

2. Conditional Approval: Only the students found eligible by the KEA will have their admissions approved by the NCISM and RGUHS.

3. Exemplary Costs: As a deterrent, the Court imposed costs of ₹75 lakh each on the three institutions. TMAE Society, being a petitioner for two academic sessions, was fined ₹75 lakh for each session. The total penalty amounts to ₹2.25 crore, to be deposited into the Armed Forces Battle Casualties Welfare Fund within four weeks.

4. Future Undertaking: The colleges must submit a sworn affidavit to the NCISM, KEA, and RGUHS, undertaking that they will not admit any student directly in the future and will only accept candidates allotted through the official counseling process.

The approval of the eligible students' admissions is contingent upon the colleges depositing the penalty amount and filing the undertaking within the stipulated timeframe. This judgment serves as a stern warning to educational institutions against circumventing mandatory admission procedures while providing a conditional reprieve to the students caught in the crossfire.