IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3637 of 2021 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 3637 of 2021 ==========================================================

LIMBDI VIKAS TRUST & ORS.

Versus MEDICAL ASSESSMENT AND RATING BOARD FOR HOMEOPATHY &

ORS.

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Appearance:

MR DC DAVE, SENIOR ADVOCATE with MR UDAYAN P VYAS(1302) for the Petitioner(s) No. 1,2,3 DELETED for the Respondent(s) No. 2 MR AR THACKER(888) for the Respondent(s) No. 4 MR. KM ANTANI(6547) for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 1 SHIVANG A THACKER(7424) for the Respondent(s) No. 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 20/02/2026 ORAL ORDER

1. Heard learned Senior Advocate Mr. D. C. Dave assisted by learned advocate Mr. Udayan Vyas for the petitioners and learned advocate Mr. Harshil Shukla for respondent No. 1, learned advocate Mr. K. M. Antani for respondent No. 3 and learned advocate Mr. A. R. Thacker for respondent No. 4.

2. By way of this petition, the petitioner has prayed for following reliefs:-

(A)That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring that an Order digitally signed on 28th January, 2021 by Director and communicated through E-mail on 28th January, 2021 on behalf of Central Government (Annexure "K"), Respondent No.1 herein, denying permission to Petitioner No.2 College for undertaking admission of students for imparting education in the discipline Homoeopathy at the level of graduation leading to the qualification of BHMS for the intake of 100 seats for the academic year 2020-21 is null, void, illegal, arbitrary, unreasonable, non-est and in violation of fundamental rights guaranteed under Article. 14 and Article. 19(1)(g) of the Constitution of India thereupon be pleased to quash and set aside the same.

(B) That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding Respondents herein to grant permission for admission to Petitioner No.2 College for imparting education in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the intake of 100.

seats for the academic year 2020-21;

(C) That, pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to stay implementation, execution and operation of an Order digitally signed on 28 January, 2021 by Director and communicated through E-mail on 28th January, 2021 on behalf of Central Government (Annexure "K"), Respondent No.1 herein, denying permission to Petitioner No.2 College for undertaking admission of students for imparting education in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the intake of 100 seats for the academic year 2020-21;

(D) That, pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to allow Petitioner No.2 College being Limbdi Homoeopathic Medical College and Hospital, Limbdi to admit students to commence the academic sessions in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the intake of 100 seats for the academic year 2020-21 through centralized process of admission undertaken by Admission Committee of State with a further direction to Saurashtra University to enroll students SO admitted on such terms and conditions as the Hon'ble Court may deem fit and proper;

(E)That, this Hon'ble Court be pleased to grant such further and other relief as the nature and circumstances of the case may require;

(F) That, this Hon'ble Court be pleased to award the cost to this Petition.

3. Learned Senior Advocate Mr. D. C. Dave for the petitioners states