IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 5940 OF 2026 (EDN-RES)

BETWEEN:

1. ACHUTHA AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, GOPALPURA, BAGUR POST, BENGALURU-562 149, REP. BY ITS PRINCIPAL, DR. MANJUNATH PUJERI, S/O MR.SIDDAPPA PUJERI, AGED 42 YEARS.

Digitally signed by 2. MS.HADIYA KHANUM, KAVYA G D/O HAFFIZ Z KHAN, Location:

AGE 20 YEARS, High Court of Karnataka NEET (UG) 2024 ALL INDIA RANK: 13,27,544.

3. MS. SYEDA SADIYA, D/O MOHD. HAYAT SHARIFF, AGE 19 YEARS, NEET (UG) 2024 ALL INDIA RANK: 14,09,738.

4. MS. ASIYA BANU, D/O MOHD. RAFEEQ, AGE 20 YEARS, NEET (UG) 2024 ALL INDIA RANK: 14,54,351.

5. MS. TASMIYA BANU, D/O ABDUL AZEEZ, AGE 25 YEARS, NEET (UG) 2024, ALL INDIA RANK: 9,97,707.

6. MS. DHRUTHI.D, D/O DHARNESH M N, AGE 20 YEARS, NEET (UG) 2024 ALL INDIA RANK: 13,28,981 …PETITIONERS (BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

AND:

1. NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI-110 058, REPRESENTED BY IS SECRETARY. 2. MEDICAL ASSESSMENT AND RATING BOARD (MARB), NCISM, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI-110 058.

3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.

REPRESENTED BY ITS REGISTRAR.

4. KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BENGALURU-560 012, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

5. THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, DIRECTORATE OF AYUSH, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

REPRESENTED BY ITS SECRETARY.

…RESPONDENTS ( SRI. B.S.SACHIN., ADVOCATE FOR R3;

GOVT. ADVOCATE SERVED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 02/09/2024 BEARING REF.NO.4-185/MARB/KA/2024-25 AY PASSED BY RESPONDENT NO.2 - MEDICAL ASSESSMENT AND RATING BOARD (MARB) VIDE ANNEXURE-H, INSOFAR AS IT REDUCES THE INTAKE CAPACITY OF THE PETITIONER COLLEGE FROM 60 SEATS TO 54 SEATS FOR THE ACADEMIC YEAR

2024-25; (II) ISSUE A WRIT OF DECLARATION DECLARING THAT THE EXCLUSION OF DR.H.G.JAYALAKSHMI FROM THE COMPUTATION OF ELIGIBLE FACULTY IS ILLEGAL, ARBITRARY, CONTRARY TO THE PROVISIONS OF THE MSR 2022 AND VIOLATIVE OF ARTICLES 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA; (III) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO RESTORE AND RECOGNIZE THE INTAKE CAPACITY OF THE PETITIONER COLLEGE AT 60 SEATS FOR THE ACADEMIC YEAR 2024-25; (IV) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 -RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, TO APPROVE AND REGULARISE THE ADMISSIONS OF PETITIONER NOS.2 TO 6 AND TO DECLARE THEIR EXAMINATION RESULTS AND PERMIT THEM TO CONTINUE THEIR COURSE OF STUDY WITHOUT INTERRUPTION; (V) GRANT SUCH OTHER WRIT, ORDER OR DIRECTION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Sri.B.S. Sachin, learned counsel has accepted notice on behalf of respondent No.3.

2. Learned counsel for the petitioners, though has fairly stated that against the impugned order dated 02.09.2024, petitioner No.1 has a right of appeal to the Commission, however, states that the exams for the First Year were scheduled to have commenced from 18.02.2026 and therefore, petitioner Nos.2 to 6 may be permitted to appear in the forthcoming examinations.

3. It is stated that petitioner Nos.2 to 6 were admitted on 08.01.2025. A perusal of the impugned order dated 02.09.2024 itself reflects that