IMPORTANT POINT
Unfilled seats are not grounds for mid-session admissions and extending the admission process would disrupt the academic schedule.

ORDER :

P.S. Dinesh Kumar, J.

Writ Petition No.27566 of 2023 has been filed with following prayers:

(i) Issue a Writ in the nature of mandamus or any other appropriate Writ or order or Direction, declaring that the petitioner institutions being granted Letter of Permissions – LOPs belatedly are entitled for the extensions of the deadline for grant of admissions to the UG BAMS Courses for the academic year 2023-24; and

(ii) Issue a Writ in the nature of Mandamus or any other appropriate Writ or Order or Direction, directing the Respondents No.1 to 3 to grant extension of the deadline to admit students to the vacant seats of the petitioner institutions to the UG BAMS Course for the academic year 2023-24 and consequently direct the respondents No.1 to 7 to conduct counselling and to admit students the vacant seats of the petitioner institutions to the UG BAMS Course for the academic year 2023-24 in terms of the procedure notified by the Karnataka Examinations Authority; and

(iii) Issue a Writ in the nature of mandamus directing the respondents No.1 to 3 to adhere to the notified timelines under the National Commission for Indian System of medicine Act, 2020 and the regulations notified thereunder for the purpose of grant of permission for the relevant academic year; and

(iv) Issue a Writ in the nature of mandamus directing the respondents No.1 to 3 to extend the deadline for the last date for admissions to the UG BAMS Courses for the relevant academic year proportionately to the extension of the deadline for the grant of permissions to conduct UG BAMS Courses for the relevant academic year; and

(v) Issue such other appropriate reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case; in the interest of justice and equity.

2. Writ Petition No.28897 of 2023 has been filed with following prayers:

(i) Issue a writ of mandamus directing the Respondents to extend the date of admission and conduct sufficient number of counselling rounds for enabling the petitioners – institutions to fill the unfilled seats for the academic year 2023-24 in respect of BAMS (UG) courses.

(ii) Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed.

3. Heard Shri. Madhusudhan Naik, learned Senior Advocate for the petitioners in W.P. No. 27566/2023; Shri. G.S.Kannur learned Senior Advocate for the petitioners in W.P. No. 28897/2023, Ms. Mansi Kumar, learned Advocate for NCISM, Shri. Shanti Bhushan learned Deputy Solicitor General of India for the UOI, Shri. Sudev Hegde learned AGA for the State and Shri. N.K.Ramesh for KEA[Karnataka Examination Authority].

4. The main prayer involved in these writ petitions are similar. Hence, they are heard simultaneously and disposed of by this common order.

5. Briefly stated the facts in W.P.No. 27566/2023 are, petitioners are Ayurvedic Medical Colleges. The NCISM[National Commission for Indian System of Medicine] had invited applications for the establishment of new Ayurveda institutions for the academic year 2023-24. The last date for filing the applications was 30.11.2022. Despite submitting the applications on time, the inspection of the Institutions was conducted belatedly. The ‘Letter of Permission’ was granted on 23-24.11.2023. The Institutions were included in counselling on 30.11.2023, which was the last date notified for admissions for the year 2023-24. As a result many seats have remained vacant. The Colleges submitted their representation to the NCISM, seeking extension of the last day for admission which was not considered. Hence, this writ petition.

6. Shri. Naik, for the petitioners, submitted that the they have submitted their applications within time and the NCISM completed the procedure belatedly. The Institutions will not be able to function effectively without proper admissions.

7. Ms. Mansi, for NCISM in W.P.No. 27566/2023 submitted that 17% of the seats remain vacant. Since petitioner