2026 Supreme(Online)(Raj) 8427
[2026:RJ-JD:11772]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 18221/2025
1. Prachi Bhati D/o Shri Mahendra Singh Bhati, Aged About 26 Years, R/o Bhati Choraha, Magra Punjla, Mandore, Jodhpur, District Jodhpur, Rajasthan.
2. Anu Mehgwal D/o Shri Pappa Ram Meghwal, Aged About 25 Years, R/o Vpo Boranada, Tehsil Luni, District Jodhpur, Rajasthan.
----Petitioners Versus
1. Union Of India, Through The Secretary, Ministry Of Ayush, Ayush Bhawan, B-Block, Gpo Complex, New Delhi-110023
2. The Secretary, Department Of Ayurveda And Indian Medicine, Government Of Rajasthan, Jaipur.
3. The Secretary, National Commission For Indian System Of Medicine, Plot No. T-19, 1St And 2Nd Floor, Block-Iv, Dhanwantari Bhawan Road No. 66, Punjabi Bagh (West), New Delhi - 110026.
4. The Registrar, Board Of Indian Medicine Rajasthan, E-1, Near Mahaveer Udhyan, Bajaj Nagar, Jaipur-302015
5. The Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur, District Jodhpur, Rajasthan.
6. The Principal, S.S. Ayurveda Medical College And Hospital, Udaipur, District Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Mr. Sunil Joshi, Mr. H.R. Rawal, Mr. Deepak Bora
HON'BLE MR. JUSTICE SANJEET PUROHIT
10/03/2026
(SANJEET PUROHIT), J
150-shashikant/-
Order
1. Present petition has been filed praying for following reliefs: -
“A. By an appropriate writ, order or direction, any order denying to issue the permanent degree and permanent registration certificates of BAMS Course to the petitioners may kindly be quashed and set aside.
B. By an appropriate writ order or direction, the respondents may kindly be directed to issue the permanent degree of BAMS Course of petitioners.
C. By an appropriate writ order or direction, the respondents may kindly be directed to issue permanent registration certificate as medical practitioner of BAMS Course to the petitioners.
D. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioners in further courses or medical practices in Ayush.
E. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.
F. Writ petition filed by the petitioners may kindly be allowed with costs.”
2. Learned counsel for the petitioners submits that petitioners had participated in the examination for admission to Undergraduate Course of Bachelor Of Ayurvedic Medicine & Surgery conducted by Respondent No. 5 - University. Thereafter, learned counsel states, Respondent - University allotted petitioners seats to pursue UG-BAMS Course in S.S. Ayurvedic Medical College and Hospital, Udaipur.
3. It is submitted that although Respondent - University itself allotted a seat to petitioners in said college, said college was not permitted to take in selected students for want of NOC from concerned authorities.
4. In such circumstances, petitioners along with other similarly situated students made several representations before Respondent Authorities seeking transfer from said college to any other recognized college; however, the same was not allowed for one or the other reason.
5. Consequently, petitioners and other students filed a writ petition before this Court, being S.B. Civil Writ Petition No. 2021/2021, wherein an interim order was passed permitting petitioners to appear in the Second-year examination.
6. It is submitted that in pursuance of said interim order passed by this Court, petitioner - students have already completed the UG-BAMS Course and have also undergone the mandatory 1-year internship. However, neither permission has been issued to petitioners, nor respondents have granted permanent registration as medical practitioners to petitioners.
7. Learned counsel for the petitioners further apprised this Court that similarly situated students had preferred S.B. Civil Writ Petition No. 15479/2024 (Shubhanshu Sharma & Ors. vs. National Commission for Indian System of Medicine & Ors.) before Hon’ble High Court of Delhi and the same was allowed in favour of said students vide order dated 30.04.2025.
8. It is argued that judgment rendered in Shubhanshu Sharma (supra) relates to students of the same batch and same college where petitioner had also taken admission, namely, S.S. Ayurvedic Medical College and Hospital, Udaipur, and therefore, case of petitioners is squarely covered by said judgment.
9. Learned counsel appearing for the respondents has failed to controvert the submission made on behalf of petitioners as regards applicability of judgment passed by the Hon’ble Delhi High Court in the case of Shubhanshu Sharma (supra).
10. Since the issue involved in present case is no more res integra and the same is squarely covered by judgment passed by Hon’ble Delhi High Court in the case of Shubhanshu Sharma (supra), present petition deserves to be allowed on the same terms.
11. Accordingly, present writ petition is allowed and following directions are issued:
(I) Respondent No. 5 / University is directed to issue permanent degrees to petitioners subject to their passing all requisite exams and completing their internships.
(II) Respondent Nos. 3 and 4 are directed to recognize qualifications