The court emphasized that administrative delays should not deprive institutions of rights to participate in ongoing processes when requisite permissions are granted.

ORDER :

1. This Court vide order dated 24.11.2025 had issued notice to the respondents and looking to the urgency, permitted the petitioners to supply the additional copy to learned counsel regularly appearing for the respondents. The matter was fixed for today, as it was stated that the allocation of seats in the stray vacancy round of counselling was scheduled uptill 28.11.2025.

2. Mr. Sunil Joshi, learned counsel puts in appearance for respondent no.2, who is the main contesting party in the case in hand and prays for some time to file reply.

3. Learned counsel for the petitioners pleads urgency considering the fact that the petition would be rendered infructuous in case the students, as prayed for are not allowed to pursue the course as the counselling for the stray vacancy round is to be scheduled uptill 28.11.2025.

4. Heard the matter on merit.

5. Learned counsel for the petitioners asserts that the petitioner-institution was issued the NOC by the State Government vide order dated 15.06.2009 for intake of 50 students for BAMS course. He further refers to the affiliation issued by the Rajasthan Ayurvedic University on 30.05.2009, which was initially for 40 seats, however, subsequently, the same was extended to 50 seats. He further asserts that they had submitted an application for enhancement of seats way back in the year 2016 by way of correspondence dated 06.07.2016, however, nothing was done and therefore S.B. Civil Writ No. 14369/2016 (Gandhi Udhyog Shikshak Prashikhan Sansthan Samiti v. State & Ors.) was filed, which came to be disposed of vide order dated 13.12.2016, while directing the respondents to take a decision upon the application of present petitioners for enhancement of seats for BAMS course from 50 seats to 60 seats. He further submits that post inspection, as per the then existing regulations of year 2016, and as per the National Commission for Indian System of Medicine Act, 2020, the conditional permission was granted to the petitioner-institution by the respondent-National Commission for Indian System of Medicine on 21.12.2022 for undertaking the course in question with an annual intake of 50 seats as per Section 28 of the Act of 2020.

6. He further asserts that since the issue with regard to NOC was not being decided, the institution was again constraint to file S.B. Writ Petition No. 14234/2024 (Shri Shirdi Sai Baba Ayurvedic College and Hospital v. Union of India & Ors.) which came to be disposed of vide order dated 10.02.2025, while directing the respondent-State Government to decide the case of grant of NOC preferably within a period of six weeks from the date of receipt of certified copy of the order. Further, respondent nos.1 to 3 were also directed to consider the case of the petitioner as per the National Commission for Indian System of Medicine (Criminal Essential Standards, Assessment and Rating for Undergraduate Ayruveda College and attached Teaching Hospitals) Regulations of 2024. He further submits that post direction issued by this Court, finally the NOC was granted by the State Government vide order dated 16.09.2025 (Annexure-15) increasing intake capacity from 50 students to 60 students for the BAMS course. He further asserts that thereafter, an application was submitted before the respondent-University and the respondent-University has also granted the affiliation for the enhanced seats vide order dated 17.10.2025.

7. It has been averred that after getting the NOC as well as the affiliation, an application was submitted before the respondent- Commission for issuance of sanction for taking part in the ongoing counselling, however, the same was rejected vide order dated 13.11.2025, while asserti