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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH 2023 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE VIJAYKUMAR A. PATIL W.P. No.25723 OF 2022 (EDN-RES)
BETWEEN:
1 . KARNATAKA STATE PRIVATE HOMEOPATHIC MEDICAL COLLEGE MANAGEMENTS ASSOCIATION (R)
103/6, 40 FEET BDA ROAD, NGEF LAYOUT MALLATHALLI, BANGALORE - 560056 REP BY ITS SECRETARY SRI. K. CHANDRASHEKAR S/O SRI. HANUMANTHAPPA AGED 73 YEARS R/AT BENGALURU.
2 . FR. MULLER HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL DERALAKATTE, MANGALURU - 575018 REP BY ITS PRINCIPAL DR. PRABHUKIRAN ESJ S/O ISAIAH AGED 53 YEARS R/AT MANGALURU.
3 . ALVA'S HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL MOODABIDIRE - 574225 D K DISTRICT REP BY ITS PRINCIPAL DR. HERALD ROSHAN PINTO S/O WILLIAM PINTO AGED 50 YEARS R/AT MOODABIDIRE.
4 . ROSY ROYAL HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL NELAMANGALA BENGALURU RURAL DISTRICT - 562162 REP BY ITS PRINCIPAL DR. SYED SADIQ AHMED S/O SYED BASHIR AHMED AGED 61 YEARS R/AT BENGALURU.
5 . BHAGAWAN BUDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL MALLATHALLI, BENGALURU - 560056 REP BY ITS PRINCIPAL DR. SEBASTIAN PRABHAKAR S/O DORAI RAJ AGED 57 YEARS R/AT BENGALURU.
... PETITIONERS (BY MR. M.R. NAIK, SR. COUNSEL FOR MR. SURAJ NAIK, ADV.,)
AND:
1 . THE UNION OF INDIA MINISTRY OF AYURVEDA, YOGA, UNANI, SIDDA AND HOMOEOPATHY AYUSH, AYUSH BHAWAN, B BLOCK GPO COMPLEX, INA NEW DELHI - 110 023 REP BY ITS SECRETARY.
2 . THE NATIONAL COMMISSION FOR HOMOEOPATHY
61-65, INSTITUTIONAL AREA OPPOSITE TO D BLOCK JANAKAPURI NEW DELHI - 110058 REP BY ITS SECRETARY.
3 . STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT M S BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560001 REP BY ITS PRINCIPAL SECRETARY.
4 . DEPARTMENT OF AYUSH GOVT OF KARNATAKA ANAND RAO CIRCLE BENGALURU - 560009 REP BY ITS DIRECTOR.
5 . KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, SAMPIGE ROAD MALLESHWARAM WEST BENGALURU - 560012 REP BY ITS EXECUTIVE DIRECTOR.
6 . FEE REGULATORY COMMITTEE (STATUTORY BODY CONSTITUTED UNDER SECTION 6 OF THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS REGULATION OF ADMISSION AND DETERMINATION OF FEE ACT 2006)
KARNATAKA EXAMINATION AUTHORITY PREMISES, 18TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU - 560012 REP BY ITS MEMBER SECRETARY.
... RESPONDENTS (BY MR. SHANTHI BHUSHAN H, DSGI FOR R1 MR. ARUN SHYAM M, SR. COUNSEL FOR MR. SUYOG HERALE, ADV., FOR R2 MR. LAKSHMINARAYAN, AGA FOR R3 & R4 MR. K.M. PRAKASH, ADV., FOR R5 R6 SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT SECTIONS 3, 4, 10, 12, 14, 43, 44, 55(2)(i)(m) OF THE NATIONAL COMMISSION OF HOMEOPATHY ACT, 2020 (CENTRAL ACT NO.15/2020) (VIDE ANNEXURE-A) ARE MANIFESTLY ARBITRARY, UNWORKABLE AND UNCONSTITUTIONAL AND STRIKE DOWN THE AFORESAID PROVISIONS. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER, OR DIRECTION TO DECLARE THAT THE REGULATIONS OF 2022 (VIDE ANNEXURE-N) NOTIFIED BY THE RESPONDENT NO.2, IN SO-FAR AS THEY SEEK TO REGULATE, FINDING IT NECESSARY AND PERMITS ADOPTING NEET OF NATIONAL MEDICAL COMMISSIONER AND COUNSELLING PROCESS AND A SEAT MATRIX STIPULATING QUOTAS FOR ADMISSION IN PRIVATE INSTITUTIONS, AS MANIFESTLY ARBITRARY AND ILLEGAL & ETC., THIS W.P. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH 2023 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE VIJAYKUMAR A. PATIL W.P. No.25723 OF 2022 (EDN-RES)
BETWEEN:
1 . KARNATAKA STATE PRIVATE HOMEOPATHIC MEDICAL COLLEGE MANAGEMENTS ASSOCIATION (R)
103/6, 40 FEET BDA ROAD, NGEF LAYOUT MALLATHALLI, BANGALORE - 560056 REP BY ITS SECRETARY SRI. K. CHANDRASHEKAR S/O SRI. HANUMANTHAPPA AGED 73 YEARS R/AT BENGALURU.
2 . FR. MULLER HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL DERALAKATTE, MANGALURU - 575018 REP BY ITS PRINCIPAL DR. PRABHUKIRAN ESJ S/O ISAIAH AGED 53 YEARS R/AT MANGALURU.
3 . ALVA'S HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL MOODABIDIRE - 574225 D K DISTRICT REP BY ITS PRINCIPAL DR. HERALD ROSHAN PINTO S/O WILLIAM PINTO AGED 50 YEARS R/AT MOODABIDIRE.
4 . ROSY ROYAL HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL NELAMANGALA BENGALURU RURAL DISTRICT - 562162 REP BY ITS PRINCIPAL DR. SYED SADIQ AHMED S/O SYED BASHIR AHMED AGED 61 YEARS R/AT BENGALURU.
5 . BHAGAWAN BUDHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL MALLATHALLI, BENGALURU - 560056 REP BY ITS PRINCIPAL DR. SEBASTIAN PRABHAKAR S/O DORAI RAJ AGED 57 YEARS R/AT BENGALURU.
... PETITIONERS (BY MR. M.R. NAIK, SR. COUNSEL FOR MR. SURAJ NAIK, ADV.,)
AND:
1 . THE UNION OF INDIA MINISTRY OF AYURVEDA, YOGA, UNANI, SIDDA AND HOMOEOPATHY AYUSH, AYUSH BHAWAN, B BLOCK GPO COMPLEX, INA NEW DELHI - 110 023 REP BY ITS SECRETARY.
2 . THE NATIONAL COMMISSION FOR HOMOEOPATHY
61-65, INSTITUTIONAL AREA OPPOSITE TO D BLOCK JANAKAPURI NEW DELHI - 110058 REP BY ITS SECRETARY.
3 . STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT M S BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560001 REP BY ITS PRINCIPAL SECRETARY.
4 . DEPARTMENT OF AYUSH GOVT OF KARNATAKA ANAND RAO CIRCLE BENGALURU - 560009 REP BY ITS DIRECTOR.
5 . KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, SAMPIGE ROAD MALLESHWARAM WEST BENGALURU - 560012 REP BY ITS EXECUTIVE DIRECTOR.
6 . FEE REGULATORY COMMITTEE (STATUTORY BODY CONSTITUTED UNDER SECTION 6 OF THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS REGULATION OF ADMISSION AND DETERMINATION OF FEE ACT 2006)
KARNATAKA EXAMINATION AUTHORITY PREMISES, 18TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU - 560012 REP BY ITS MEMBER SECRETARY.
... RESPONDENTS (BY MR. SHANTHI BHUSHAN H, DSGI FOR R1 MR. ARUN SHYAM M, SR. COUNSEL FOR MR. SUYOG HERALE, ADV., FOR R2 MR. LAKSHMINARAYAN, AGA FOR R3 & R4 MR. K.M. PRAKASH, ADV., FOR R5 R6 SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT SECTIONS 3, 4, 10, 12, 14, 43, 44, 55(2)(i)(m) OF THE NATIONAL COMMISSION OF HOMEOPATHY ACT, 2020 (CENTRAL ACT NO.15/2020) (VIDE ANNEXURE-A) ARE MANIFESTLY ARBITRARY, UNWORKABLE AND UNCONSTITUTIONAL AND STRIKE DOWN THE AFORESAID PROVISIONS. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER, OR DIRECTION TO DECLARE THAT THE REGULATIONS OF 2022 (VIDE ANNEXURE-N) NOTIFIED BY THE RESPONDENT NO.2, IN SO-FAR AS THEY SEEK TO REGULATE, FINDING IT NECESSARY AND PERMITS ADOPTING NEET OF NATIONAL MEDICAL COMMISSIONER AND COUNSELLING PROCESS AND A SEAT MATRIX STIPULATING QUOTAS FOR ADMISSION IN PRIVATE INSTITUTIONS, AS MANIFESTLY ARBITRARY AND ILLEGAL & ETC., THIS W.P. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
The petitioner No.1 is an Association of Private Homeopathic Medical Colleges in the State of Karnataka. The members of petitioner No.1 - Association with an intent to impart education in Homeopathy system of medicine have established Colleges and teaching hospitals under the provisions of Homeopathic Central Council Act, 1973, in different parts of the State. In the said colleges, education is imparted in homeopathy in Under Graduate and Post Graduate courses. The petitioners in this writ petition seek the following reliefs:
(a) Issue a writ in the nature of declaration, declaring that Sections 3, 4, 10, 12, 14, 43, 44, 55 (2)(i)(m) of the National Commission of Homeopathy Act, 2010 (Central Act No.15/2020) (vide Annexure A) are manifestly arbitrary, unworkable and unconstitutional and strike down the aforesaid provisions.
(b) Issue a writ of certiorari or any other writ, order or direction to declare that the Regulations of 2022 (vide Annexure N) notified by the respondent No.2, in so far as they seek to regulate, finding it necessary; and permits adopting NEET of National Medical Commissioner and counselling process; and a seat matrix stipulating 'quotas' for admission in private institutions, as manifestly arbitrary and illegal.
(c) Issue a writ of Certiorari or any other writ, order, or direction to declare that 'the Addendum' dated 13.12.2022 bearing No. AKUKA 253 PIM 2022 (vide Annexure P) issued by the respondent No.3 is illegal, unreasonable and unenforceable; and quash the same.
(d) Issue a writ directing that, counselling for the 'Management Quota' of 60% as of last academic year having been completed by the members of the 1st petitioner Association based on NEET merit list and G.O. dated 13.10.2022 same be permitted and continued; the KEA filling the balance of Government quota seats to sub serve the reservation policy of the state per 'seat sharing' Annexure K; and these petitioners be permitted to conduct 'counselling for NRI / Management Quota seats' based on inter se merit of applicants to the individual institutions at their level; subject to a rider that 'the fee notified' is tentative, that 'the fee fixation committee' would examine some of the fee proposal that may be filed and approved; on which event, said 'fees' determined would be applicable for the current year on-words as well. Further be pleased to direct the KEA to inform the students to likely increase in the fees which they would be liable to pay, in the event of determination of higher fees by the committee.
(e) Issue a writ of mandamus or any other appropriate writ,; directing the 6th respondent - Fee Regulatory Committee to determine the fee for the Homeopathy colleges for the Academic year 2022-23, within a fixed time frame taking into consideration the balance sheets of a few colleges to arrive at an average fee to be applied to all the institutions in the State in view of the counselling process commencing and, also to take into consideration the comprehensive guidelines issued by the NCH for determination of fee and;
(f) Issue a writ of mandamus or any other appropriate writ, directing the state to cause determination of 'tuition fee' payable by a committee in terms of Section 6 and 7 of 2006 Act and that till 'the Fee Regulatory Committee' take the decision fixing the fee, amounts indicated in Govt. Order dated 13.10.2022 (vide Annexure K) be operated.
g) Grant such other order or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of this case.
2. The relevant facts need mention, which are stated hereinafter. The State Government issued a notification dated 27.01.2018, wherein it was provided that in view of decision taken by ministry of Ayurveda, Yoga, Unani, Sidda and Homeopathy, it has decided to adopt National Eligibility Entrance Test (NEET) in place of Common Entrance Test for Ayush course in Government as well as private colleges in the State of Karnataka from the academic session 2018-19 and the admission
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