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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
National Commission for Indian System of Medicine, Jawaharlal Neharu Bharatiya Chikitsa Avam Homeopathy Anusadhan Bhavan Rep. by its President New Delhi – Appellant
Versus
Dhanwantri Ayurveda College Hospital and Research Centre, Rep. by its Vice Chairman, Sashibhushan Hegde – Respondent
| Table of Content |
|---|
| 1. background on institution's establishment and intake capacity adjustments. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. conclusion on quashing the reduction of seat intake. (Para 7 , 8 , 9 , 27) |
| 3. arguments regarding compliance and penalty rationale. (Para 10 , 11 , 12 , 13) |
| 4. court's evaluation of the procedural fairness and regulatory compliance. (Para 14 , 15 , 18 , 19 , 20) |
| 5. regulatory framework for attendance requirements and penalties. (Para 16 , 17 , 23) |
JUDGMENT :
S.G. PANDIT, J.
1. Respondent Nos.2 and 3-National Commission for Indian System of Medicine (for short ‘NCISM’) are before this Court under Section 4 of the Karnataka High Court Act, 1961 questioning the correctness and legality of the learned Single Judge’s order dated 12.09.2025 in W.P.No.106576/2025, wherein the impugned order dated 25.08.2025 reducing the intake from 100 to 70 seats for the academic session 2025-26 is quashed with a direction to continue intake of 100 seats.
2. The parties would be referred to as per their rank before the learned Single Judge. The appellants herein were respondent Nos.2 and 3 and respondent Nos.1 and 2 were petitioner Nos.1 and 2 before the learned Single Judge.
3. Brief fact
Penalties for attendance discrepancies must be justified and backed by clear regulations; arbitrary reductions in student intake are unreasonable if lacking sufficient rationale.
Arbitrary administrative actions, lacking regulatory backing and clear justification, are invalid, reinforcing the need for proportionality in penalties related to institutional compliance.
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
Regulation no.9 provides for requirements of college which prescribes that there shall be a minimum teaching faculty as per Schedule-IV for the course.
The court emphasized timely decisions on appeals related to educational institutions to prevent undue harm to applicant interests.
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
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