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2025 Supreme(Online)(Ker) 57086

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
SANTHIGIRI AYURVEDA MEDICAL COLLEGE OLASSERY, PALAKKAD – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 47151 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.C.SANTHOSHKUMAR, SMT.K.K.CHANDRALEKHA, SMT.K.S.SUDHA, SMT.ANUPAMA JOHNY, SMT.CHANDNI ABHIRAM
For the Respondents: SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SHRI.P.SREEKUMAR (SR.), SMT. O.M. SHALINA FOR DSGI., SRI. M.S. KIRAN, SC.

The court emphasized timely decisions on appeals related to educational institutions to prevent undue harm to applicant interests.

Headnote:The petitioner, a Medical College affiliated with Kerala University, sought approval for an increased intake of 50 seats in BAMS courses but faced reductions due to deficiencies noted in an inspection. The court directed the respondent authorities to expeditiously hear the appeal filed under Section 89 of the National Commission for Indian System of Medicine Act within three days. The student allotment process was at risk of being undermined without this timely decision.

Table of Content
1. appeal for increased educational intake. (Para 1 , 2)

JUDGMENT

Dated this the 16th day of December, 2025 The petitioner institution is a Medical College offering graduate courses in Ayurveda. The institution is affiliated with the Kerala University for Health Sciences and regulated by the National Commission for Indian System of Medicine (NCISM). Intake for the BAMS course in the institution was 50 up to the academic year 2024-25. For the academic year 2025- 26, the petitioner submitted application for yearly approval. Pursuant to an inspection deficiencies were noted and the intake capacity was reduced to 43 initially. Thereafter, based on an order passed in the appeal filed by the petitioner, the intake was enhanced to 45. The petitioner’s grievance is regarding the failure to grant consent of affiliation for an intake of 50 seats as applied for. Voicing this grievance the petitioner has preferred Ext.P5 second appeal as provided under Section 89 of the National Commission for Indian System of Medicine Act .

2. Learned Counsel for the petitioner submits that the allotment process for the academic year 2025- 26 will close on 20.12.2025 and if Ext.P5 appeal is not considered by that time, the relief sought by the petitioner will be rendered nugatory.

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