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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Kerala State Indian System Of Medicine Self-Financing College Management Association (Kisma) – Appellant
Versus
National Commission For Indian System Of Medicine Ministry Of Ayush, Government Of India – Respondent
| Table of Content |
|---|
| 1. challenge to admission process based on state domicile restrictions. (Para 1 , 2 , 6) |
| 2. arguments regarding locus standi and right of management in educational admissions. (Para 17 , 21) |
| 3. affirmed management's educational rights while dismissing appeals. (Para 24 , 25) |
JUDGMENT :
Muralee Krishna, J.
These writ appeals are filed under Section 5(i) of the Kerala High Court Act, 1958, challenging the respective judgments dated 23.10.2024 in W.P.(C)No.33768 of 2024 and the judgment dated 17.03.2025 in W.P.(C)No.10508 of 2025, by the petitioners in those writ petitions. The 1st petitioner in both the writ petitions is the Kerala State Indian System of Medicine Self-Financing College Management Association (KISMA), which is a registered Association of Ayurveda Colleges functioning in the State of Kerala in the self-financing stream. The remaining petitioners in the writ petitions are the Medical Colleges that are members of KISMA offering courses in Ayurveda. Since the issue involved in both these writ appeals are one and the same, they are heard together and are being disposed of by this common judgment. For convenience of reference, the parties and documents are referr
The court affirmed the management's right to challenge state restrictions on admission based on domicile, emphasizing adherence to established guidelines that permit domicile-free management quotas.
State governments possess authority to prescribe minimum admission standards within their jurisdiction, emphasizing merit while accommodating special categories.
Eligibility for AIQ seats is dictated by state regulations, overriding national guidelines for OBCs who are not granted percentile relaxation based on domicile.
Education Law - Enhancement of seats - As per norms of Kerala University of Health Sciences, maximum seat capacity fixed for B.Sc. (MLT) is 30 - Expert Committee did not recommend for granting no-obj....
The main legal point established in the judgment is that the transfer of NRI quota seats to the unreserved category was permissible under the relevant provisions of the Prospectus and Information Bul....
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
Domicile-based eligibility criteria for medical admissions are unconstitutional as they violate the principle of equality under Article 14.
Reservation of postgraduate medical seats based on domicile is constitutional, supporting local education while respecting equality principles.
Caste certificates from one state are not valid for educational admissions in another state, regardless of recognition as Scheduled Castes in both, affirming constitutional provisions and prior Supre....
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