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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28861 OF 2025 (EDN-RES)
BETWEEN:
11. RASHA KABEER D/O KABEER EDOLIKUNNATH AGED 25 YEARS R/AT EDOLIKUNNATH HOUSE, CHENNAMANGALLUR POST, MUKKAM,KOZHIKODE - 673602 PRESENTLY RESIDING AT BUILDING NO.9, ZONE-52 STREET NO. 912, AL DAYHA ST, LUQTA, AI RAYYAN MUNICIPALITY DOHA (QATAR). 2. ROHAN R S/O DR RAJESH KAROTH AGED 24 YEARS R/AT NESTLE PLATHOTAM TALIPARAMBA KANNUR – 670 141.
Digitally signed
33. VAISHAKH B M by CHANDANA S/O VIDYADHAR B M B M AGED 24 YEARS, Location: High R/AT HOUSE NO. 4-698, Court of SAVINAYA, NEAR VITTAL PU COLLEGE, Karnataka VITTAL, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT – 574 243.
4. HRISHIKESH C S/O ANILKUMAR K K, AGED 25 YEARS, R/AT CHEEKOLI NIVAS, CHOMBALA POST, VATAKARA – 673 308.
5. ANUVIND P S/O DHINU P, AGED 24 YEARS, R/AT PALIYIL HOUSE, MANASSERY POST, MUKKAM, CALICUT – 673 602.
6. NEHA MARIA TENY D/O TENNY AUGUSTINE, AGED 25 YEARS, R/AT PUTHANAGADY HOUSE, NAZERETH ROAD, ALUVA -683 101.
7. FATHIMATH RANA E V D/O ABDU RASHEED K P, AGED 24 YEARS, R/AT AI REEM, KIZHAKKEKARA ROAD, THAZHE CHOVVA, KANNUR – 670 018.
8. AYANA JOSEPH D/O JOSEPH THOMAS, AGED 25 YEARS, R/AT EDAYADIL, ADAKKAKUNDU POST, KALIKAVU MALAPPURAM DISTRICT – 676 525.
9. RAJ KANNAN S/O DR. A KANNAN, AGED 25 YEARS R/AT HOUSE NO. 9, TC-20/1332(5)
MANGAD LANE, KARAMANA, TRIVANDRUM - 695 002.
10. SRUTHI M D/O SURESH KUMAR AGED 25 YEARS MANGALAM KAITHAPRAM MATHAMANGALAM POST KANNUR -670 306.
11. ANNGLORIA THANKACHAN D/O E D THANKACHAN AGED 25 YEARS R/AT EDASSERIL HOUSE PAYYAVOOR POST MARUTHUMCHAL KANNUR-670 633.
12. APARNA DETH D/O V S ANIL DETH AGED 25 YEARS R/AT 47/174, AMBADI BHAVAN KALAVATH PONNURUNNI VYTTILA POST ERNAKULAM-682 019.
13. MARYLYNE OINAM D/O OINAM SANTOSH SINGH AGED 26 YEARS R/AT BRAHMAPUR GURUARIBAM LEIKAI IMPHAL EAST -795 001.
14. ASWATH M P D/O PRAKASH M AGED 26 YEARS R/AT PULARI HOUSE KAYELIKUNNUMMAL THAMARASSERY KOZHIKODE-673 573.
15. SHOBIDA M K D/O PANKAJAKSHNA M K AGED 25 YEARS R/AT SHOBIDA'S MANNAMBATH HOUSE ADOOR, KADACHIRA POST KANNUR -670 621.
16. ASHMA M S D/O SHIBUMON M T AGED 25 YEARS R/AT MANIYANANICKAL HOUSE KONNATHADY POST MARAKKANAM IDUKI-685 563.
17. RAJALAKSHMI S D/O SIVARAMAKRISHNAN S AGED 26 YEARS R/AT AMMA HOUSE, JALADHANAGAR, C N PURAM PALAKKAD-678 005.
18. DILEENA PUTHIYA PURAYIL D/O DILEEP KUMAR P P AGED 26 YEARS R/AT DILEENA'S IRIVANCE ROAD IRINAVE POST KANNUR -670 301.
19. SMERA ANNA THOMAS D/O THOMAS JOHN AGED 25 YEARS R/AT CHERUVATHUR HOUSE AYNOR JUNCTION PAZHANJI POST THRISSUR-680 542.
20. AGILLAN V S/O VENKATESAN A AGED 24 YEARS R/AT 23 RAMLINGAM POLICE STREET PORAIYAR MAYILADUTHURAI DISTRICT 609 307.
21. BRILLY K B D/O BONNY K SUNNY AGED 25 YEARS R/AT KANJIRAPARAMBIL HOUSE SOUTH BAZAR BY LANE NELIKUNNU THRISSUR 680 005.
22. HARSHA T P D/O HAMSA T P AGED 25 YEARS R/AT THOROPARAMBIL HOUSE PALLIPPURAM POST PALAKAAD 679 305.
23. AHALYA K D/O SUMA M K AGED 26 YEARS R/AT MALAYAMPILLY HOUSE MUTTITHADY POST KALLUR THRISSSUR 680 037.
24. SANDRA V C D/O VINAYAKAN S AGED 24 YEARS R/AT SANDRAM HOSASANGADY MANJESHWAR POST KASARGOD 671323.
25. RAHLA MUHAMMED D/O MUHAMMED KUNNI M AGED 25 YEARS R/AT WHITE HOUSE KALLORAVI NORTH KAHNAGAD SOUTH P O KASARAGOD 671531.
26. DEEEPIKA PARAMESWARAN D/O PARAMESHWARAN AGED 26 YEARS R/AT KUNHOTT HOUSE NEDUVA POST PARAPPANAGADI MALAPPURAM 676 303.
27. MANJIMA P D/O SASIKUMAR P AGED 28 YEARS R/AT KAKKANATTU HOUSE KOTTAPPURAM MALAPURAM 676 637.
28. HANNAFATHIMA S, D/O SHANAVAS A K, AGED 29 YEARS, R/AT BAITHULFATHIMA, NILAMEL POST, KOLLAM- 691535.
29. KEERTHANA ANILKUMAR, D/O ANIL KUMAR, AGED 26 YEARS, R/AT ODATHUPARAMBIL HOUSE, PERAMANGALAM POST, THRISSUR- 680 545.
30. SABARINADH K S, S/O SURESAN K N,AGED 25 YEARS, R/AT KOLLAMPARAMBIL HOUSE, VADAVUCODE POST, PUTHENCRUZ, ERNAKULAM-682 310.
…PETITIONERS (BY SRI. P.P. HEGDE, SENIOR COUNSEL APPEARING FOR SRI. DIVYATEJ.H.N, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, BMC AND RI OLD BUILDING, 1ST FLOOR, K R ROAD, BENGALURU – 560 002.
2. THE CHIEF EXECUTIVE DIRECTOR, KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012.
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS VICE-CHANCELLOR / REGISTRAR (EVALUATION), 4TH BLOCK EAST, PATTABHINAGAR, JAYANAGAR, BENGALURU- 560 041.
44. THE PRINCIPAL, ALVAS HOMOEOPATHIC MEDICAL COLLEGE, MIJAR, MOODABIDRI, DAKSHINA KANNADA DIST – 574 225.
55. NATIONAL COUNCIL OF HOMOEOPATHY, REPRESENTED BY ITS PRESIDENT, HOMOEOPATHY EDUCATION BOARD, 61-65, INSTITUTIONAL AREA, OPP. 'D' BLOCK JANAK PURI, NEW DELHI -110 058.
66. AYUSH ADMISSIONS CENTRAL COUNSELLING COMMITTEE, MINISTRY OF AYUSH, REPRESENTED BY ITS SECRETARY, AYUSH BHAWAN, B BLOCK, GPO COMPLEX, INA, NEW DELHI – 110 023.
77. KARNATAKA BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE, REPRESENTED BY ITS REGISTRAR, AYUSH ADMINISTRATIVE BLOCK, OPP. MAJESTIC BMTC BUS STAND, DHANVANTRI ROAD, BENGALURU- 560 009.
…RESPONDENTS (BY SRI. MANJUNATH.K, HCGP FOR R-1 SRI. N.K. RAMESH, ADVOCATE FOR R-2 SRI. RAJATH, ADVOCATE FOR R-3 SMT. RESHMA THAMMAIAH, ADVOCATE FOR R-6 SMT. ANKITA CHOUDHARY, APPEARING FOR SRI. SUYOG HERALE, ADVOCATE FOR R-5 SRI. M.S. BHAGWAT, SENIOR COUNSEL APPEARING FOR SRI. DIVYATEJ, ADVOCATE FOR R-4 SRI. PRASANNA.V.R, ADVOCATE FOR R-7)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECT THE R-5 NATIONAL COMMISSION FOR HOMOEOPATHY TO IMMEDIATELY ISSUE THE MQRL AND REGISTRATION CERTIFICATES TO THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks a direction to the 5th respondent – National Commission for Homeopathy to issue the MQRL and Registration Certificates to the petitioners and for other reliefs.
2. Heard learned Senior counsel for the petitioners and learned HCGP for 1st respondent – State as well as learned Senior counsel for 4th respondent and learned counsel appearing for respondents 2, 3, 5, 6 and 7 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioners are students of the 4th respondent – College, which is a Private unaided Institution and having been admitted to BHMS course in the said college which is affiliated to the 3rd respondent – RGUHS and have successfully completed their Degree and have received their Degree certificates. It is submitted that for the purpose of joining PG course in Homeopathy, the petitioners having appeared for the AIAPGET-2025 Examination intended to apply for post graduate Ayush seeds for which the 6th respondent is conducting counseling and in this regard, petitioners requested the 5th respondent for issuance of MQRL and Registration Certificate allotted by them to the 4th respondent – College in favour of the petitioners so as to enable them to participate in the ongoing counseling. It is the grievance of the petitioners that since the 5th respondent did not issue the said MQRL and Registration certificates, petitioners are before this Court by way of the present petition.
4. Per contra, learned counsel for the 5th respondent – NCH submits that the admission of the petitioners to 4th respondent – college in the year 2018 was invalid and as such, the petitioners are not entitled to any relief sought for in the present petition.
5. However, learned counsel for the 3rd respondent –RGUHS and 4th respondent – College would support the claim of the petitioners and submit that appropriate directions may be issued to the 5th respondent as sought for by the petitioners.
6. Before adverting to the rival submissions, it is necessary to state that petitioners are the students of 4th respondent – college which is a member of Karnataka State Ayush Medical Colleges Federation. The said Federation along with other colleges approached this Court in W.P.No.41486/2018 seeking a declaration that the Union of India had no authority to direct admissions in private unaided Institutions imparting courses in VHMS etc., on the basis of NEET Examinations and for other reliefs. During the pendency of the said petition, the Apex Court in the case of Union of India vs. Federation of Self Financed Ayurvedic Colleges, Punjab & others – Civil Appeal Nos.603/2020 & connected matters – Dated 20.02.2020, held as under:-
“The validity of the Notifications issued by the Central Council of Indian Medicine (hereinafter referred to as, ‘the Central Council’) and Central Council of Homeopathy prescribing an all-India National Eligibility cum Entrance Test (for short, ‘NEET’) for admission to Under Graduate courses (BAMS, BUMS, BSMS and BHMS) and minimum qualifying marks in the said examination, arise in the above Appeals and Writ Petitions. These notifications shall apply to admissions for AYUSH Under Graduate courses from the academic year 2019-2020. Similarly, validity of the Notification introducing the AYUSH Post Graduate Entrance Test (AIA-PGET) for admissions to Post Graduate courses(MD- Ayurveda) and prescribing minimum qualifying marks also arises in the above appeals.
2. The Ministry of Ayurveda, Yoga &Naturopathy, Unani, Siddha, Sowa Rigpa and Homoeopathy (for short, ‘AYUSH’), instructed all the State Governments, Union Territories and the Universities concerned to admit students in AYUSH Under Graduate courses for the academic year 2018- 2019 only on the basis of merit list of the NEET, conducted by the Central Board of Secondary Education (CBSE) in accordance with the existing rules and reservation policies of the concerned State Governments. A minimum qualifyin
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