The court emphasized the need for balanced admission policies to fill vacancies in Homoeopathy colleges without compromising educational standards, recommending criteria for effective implementation of regulations.

ORDER :

JAYANT BANERJI, J.

1. Heard Sri Vikram Huilgol, learned Senior counsel appearing for Sri C.G. Dileep, learned counsel for the petitioners; Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India along with Smt. Reshma Thammaiah, learned Central Government Counsel for respondent Nos.1 and 3; Sri Abhimanyu Devaiah, learned counsel for respondent No.2 and Smt. N. Anitha, learned Additional Government Advocate for respondent Nos.4 and 5 and Sri N.K. Ramesh, learned counsel for respondent No.6.

2. This petition is filed with the following prayers;

"(i) Issue a Writ of Mandamus or any other Writ/Order/Direction to the Respondents to fill all the unfilled/vacant seats with reduction of minimum percentile/percentage i.e., 25th percentile affixed for NEET eligibility as per Regulation 4(3) of NCH (MSUAE) Regulations 2022 and/or till filing up of the vacant seats in the Petitioners Colleges and/or zero percentile who have secured less marks as done by Government of India, Directorate General of Health Services, Medical Counseling Committee in respect of PG Courses for the academic year 2023.

(ii) Or in the alternative issue a Writ of Mandamus or any other Writ/Order/Direction to the Respondents to reimburse the fees amount for vacant seats to all Petitioner's colleges for the academic year 2025-26.

(iii) Grant such other 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."

3. Petitioner No.1 is a registered Association of Homoeopathic Medical Colleges; petitioner Nos.2 to 17 are private Un-aided/Self-financed Medical Colleges, who are members of petitioner No.1; Respondent No.2 is established by the Central Government under the National Commission for Homoeopathy Act, 2020; Respondent No.3 is a Board constituted under respondent No.2 for assessing the Homoeopathic Medical Colleges; respondent Nos.4 and 5 are constituted by the State Government to monitor AYUSH Medical Colleges; respondent No.6 is constituted by the State Government to allot Medical/Dental/AYUSH Courses Seats as per the Seat Matrix given by the State Government based on NEET score and respondent No.7 is a University and is the Examination Authority to the petitioners-Colleges.

3.1 From the year 2021-22, respondent No.1 adopted NEET to Homoeopathy BHMS course fixing percentile equivalent to that of AYUSH Colleges, at par with Allopathy like Medical and Dental, at 50^th percentile. It is stated that generally BAMS Course Seats fill more than 95% of the vacancies, whereas Homoeopathy BHMS Course fills only 50% seats, and that too only Government Quota Seats. The fee of Government Quota Seats is less, which has resulted in financial downfall in collection of fees by the Private Un-aided/Self-financed Homoeopathic Medical Colleges.

3.2 The fixation of NEET percentile is the same for Ayurveda- BAMS course and for Homeopathy BHMS Course, which is at par with Allopathy Medical and Dental Courses. It is stated that in the State of Karnataka in Homeopathy BHMS admissions, only 30% to 50% are the seats filled-up in Private Un- aided/Self-financed Homeopathic Medical Colleges and that too, only against the Government seats. Due to reduction in filling- up of the seats, fees collections have reduced to 40% for BHMS Courses. 50% to 70% seats are vacant in Karnataka. Clause (3) of Regulation 4 of the National Commission of Homeopathy [Homeopathy Graduate Degree Course-Bachelor of Homeopathic Medicine and Surgery (BHMS)] Regulations, 2022, [Regulations 2022] is stated to create dis