- 1 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.203196 OF 2024 (EDN-REG) BETWEEN: THE CHAIRMAN SURABHI NGO WELFARE ORGANISATION’S PRAYAVI AYURVEDIC MEDICAL COLLEGE HOSPITAL & RESEARCH CENTER, PLOT NO.68, KIADB AREA, BANGALORE ROAD, KOLHAR (K), BIDAR-585402 REPRESENTED BY ITS CHAIRMAN SRI. AMAR S/O AVINASH YEROLKAR. …PETITIONER (BY SRI. R.S. KADGANCHI, ADVOCATE) AND: 1. NATIONAL COMMISSION FOR INDIA SYSTEM OF MEDICINES MINISTRY OF AYUSH GOVT. OF INDIA, OFFICE NO.61-65, INSTITUTIONAL AREA, JANAK PURI, D-BLOCK, NEW DELHI-110058. REP. BY ITS CHAIRPERSON. 2. THE PRESIDENT MEDICAL ASSESSMENT AND RATING BOARD FOR INDIAN SYSTEM OF MEDICINE (MARBISM) PUNJABI BAGH (WEST) NEW DELHI-110026. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 3. GOVT. OF INDIA, MINISTRY OF AYUSH, AYUSH BHAWAN, B- BLOCK GPO COMPLEX, INA NEW DELHI-110023, REP.BY UNDER SECRETARY. 4. GOVERNMENT OF KARNATAKA, DEPT. OF HEALTH & FAMILY WELFARE DEPARTMENT, ROOM NO.104, 1ST FLOOR, VIKAS SOUDHA, BENGALURU-1, REPRESENTED BY ITS SECRETARY. 5. GOVT. OF KARNATAKA, THE DIRECTOR, DEPARTMENT OF AYUSH, DHANWANTRI ROAD, NEAR ANANDRAO CIRCLE, BANGALORE-560009. 6. THE REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH “T” BLOCK, JAYANAGAR, BANGALORE-560041. 7. KARNATAKA EXAMINATION AUTHORITY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560003. …RESPONDENTS (BY SRI. DEEPAK V. BARAD, ADVOCATE FOR R1 & R2; SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R3; SRI. MALLIKARJUN SAHUKAR, AGA FOR R4 & R5; SRI. R. J. BHUSARE, ADVOCATE FOR R6; SRI. BASAVARAJ R. MATH, ADVOCATE FOR R7) - 3 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE DECISION AND INTIMATION OF THE RESPONDENT NO.3 IN FILE NO. L-14012/8/2024-EP-1 DATED 14.11.2024 PASSED BY R3 GOVT. OF INDIA MINISTRY OF AYUSH NEW DELHI PRODUCED AT ANNEXURE-X MAY KINDLY BE STAYED, IF NOT STAYED THE PETITIONER WILL BE PUT TO GREAT HARDSHIP AND INCONVENIENCE AND TO FURTHER GRANT PERMISSION FOR THE PETITIONER TRUST TO OPEN THE NEW AYURVEDA MEDICAL COLLEGE FROM 2024-25 ACADEMIC YEAR AS PER ITS PROPOSAL/APPLICATION DATED 25.01.2024 IN THE INTEREST OF JUSTICE. B) ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE APPLICATION OF THE PETITIONER FOR ESTABLISHMENT OF NEW AYURVEDA MEDICAL COLLEGE AT BIDAR FOR THE ACADEMIC YEAR 2024- 25 SINCE IT HAS FULFILLED ALL THE CONDITIONS AS PER LAW. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner has started an Ayurvedic Medical College. It sought necessary permission from the respondents to commence the College from the academic year 2024-25. The request of the petitioner has been rejected by way of impugned order dated 14.11.2024 at Annexure-X to the writ petition passed by respondent No.3 - 4 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 on the recommendation of respondent Nos.1 and 2. Aggrieved by the same, the present writ petition is filed with a prayer to set aside the impugned order and to direct respondent No.3 to consider the application of the petitioner for establishment of new Ayurvedic Medical College for the academic year 2024-25. This Court by way of an interim order permitted the petitioner-College to admit the students for the academic year 2024-25. However, till today, fresh inspection of the petitioner- College has not taken place and no decision has been taken by respondents for granting necessary permission to the petitioner-College. 2. The case of the petitioner is that it has all the necessary infrastructure and has fulfilled all the requirements to establish an Ayurvedic Medical College, but still respondents have wrongly denied permission to it. 3. Per contra, the counsel appearing for respondents upon instructions submit that when necessary verification of the documents produced by the petitioner - 5 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 and necessary inspection of the College was carried out, there were certain lacunas because of which permission was not granted to the petitioner to start a new Ayurvedic Medical College. 4. It is further submitted that adequate hearing was granted to the petitioner before passing the impugned order. On the said ground it is prayed that the writ petition be dismissed. 5. Perusal of the records reveal that the case of the petitioner has indeed been considered by the respondent authorities and on the ground of certain lacunas, the request of the petitioner to start a new Ayurvedic Medical College has been rejected. Respondent Nos.1 and 2 are institutions which are vested with the responsibility of verifying and determining whether an institution has the necessary infrastructure and whether they have complied with all the necessary requirements in law to start a new Medical College or not. It is not for this - 6 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 Court to substitute the wisdom of respondent Nos.1 and 2 from its wisdom. 6. Nevertheless, it is seen from the records that the petitioner has established a college and there are only a few lacunas pointed out by respondents which has led to denial of necessary permission to the petitioner. If the same were to be cured, petitioner should be granted permission. Further, the petitioner has admitted the students pursuant to the interim orders of this Court. 7. Under the said circumstances, I am of the opinion interest of justice would be met if respondent Nos.1 and 2 are directed to inspect the petitioner-College, verify the documents submitted by it, give an opportunity of hearing and thereafter make necessary recommendations to the authorities concerned regarding grant of permission or not and only thereafter, petitioner is permitted to continue with new admissions. 8. Hence the following: - 7 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 ORDER i. Petitioner is given liberty to make necessary representation to respondent Nos.1 to 3 to show how it has complied with all the conditions prescribed under law and why permission has to be granted to it to run an Ayurvedic Medical College. ii. Upon receipt of such representation respondent Nos.1 and 2 shall within a period of one month thereafter make necessary inspection, verify the documents and hear the petitioner if required and make necessary recommendations. iii. Respondent No.3 shall immediately thereafter take necessary decision regarding grant of permission or not to the petitioner-College. iv. Respondent Nos.4, 5 and 7 shall act in furtherance of the decision taken by respondent No.3 immediately thereafter regarding grant of - 8 - HC-KAR NC: 2025:KHC-K:3520 WP No. 203196 of 2024 affiliation and admission of fresh students to petitioner-College. v. If petitioner-College fails to obtain necessary permission to run Ayurvedic Medical College and if it is found that it does not have the necessary infrastructure, then in that event, respondents shall take immediate steps to transfer the students studying in the petitioner- College to similarly placed institutions, so that the careers of the students are not put in jeopardy. vi. If students already admitted are put to any injury due to the fault of the petitioner, they will have the liberty to sue the petitioner- College for damages. vii. Writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 6 CT:SI