- 1 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.33/2022 (EDN-REG) C/W WRIT APPEAL NO.10/2022 (EDN-REG) WRIT APPEAL NO.22/2022 (EDN-RES) IN W.A. No.33/2022: BETWEEN: NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (ERSTWHILE CENTRAL COUNCIL OF INDIAN MEDICINE) JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY, ANUSANDHAN BHAWAN, 61-65, INSTITUTIONAL AREA JANAKAPURI D BLOCK NEW DELHI-110058. …APPELLANT (BY SMT. APOORVA M, ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 AND: 1. SRI. KRISHNARAJENDRA CHARITABLE TRUST'S INDIAN INSTITUTE OF AYURVEDIC MEDICINE AND RESEARCH BANGALORE PALACE COMPOUND JAYAMAHAL ROAD J C NAGAR, BANGALORE-560006 REP. BY ITS CHAIRMAN SRI. L.K. RAJU. 2. THE UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY, UNANI SIDDA AND HOMOEOPATHY (AYUSH) 'AYUSH BHAWAN' 'B' BLOCK G P O COMPLEX, INA NEW DELHI 110023 REP. BY ITS SECRETARY/SPECIAL SECRETARY. 3. THE STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT VIKAS SOUDHA, AMBEDKAR VEEDHI BANGALORE 560001 REP. BY ITS PRINCIPAL SECRETARY. 4. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BANGALORE 560041 REP. BY ITS REGISTRAR. …RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1 SRI. H. SHANTHI BHUSHAN, DSGI FOR R2 SRI. M.N. SUDEV HEGDE, AGA FOR R3 R4 SERVED) - 3 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE PRESENT APPEAL, CALL FOR THE CONCERNED RECORDS IN WRIT PETITION NO.48907/2019 AND SET ASIDE THE IMPUGNED JUDGMENT DATED 13.09.2021 AND PASS SUCH OTHER ORDERS AS THE HON'BLE COURT MAY DEEM FIT, IN THE INTERESTS OF JUSTICE AND EQUITY. IN W.A. NO.10/2022: BETWEEN: NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (ERSTWHILE CENTRAL COUNCIL OF INDIAN MEDICINE) JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN 61-65, INSTITUTIONAL AREA JANAKAPURI D BLOCK NEW DELHI 110058. ...APPELLANT (BY SMT. MANASI KUMAR, ADV.,) AND: 1. SRI. BALAJI EDUCATION TRUST RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE NO.54/2, RAMAGONDANAHALLI YELAHANKA, BENGALURU-560064 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MR. ANIL KUMAR S/O LATE GOPINATH PILLAI AGED 55 YEARS. - 4 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 2. THE UNION OF INDIA MINISTRY OF AYURVEDA ,YOGA AND NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY (AYUSH) 'AYUSH BHAVAN', 'B' BLOCK G.P.O COMPLEX, INA, NEW DELHI-110023 REPRESENTED BY ITS SECRETARY/SPECIAL SECRETARY. 3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU-560041 REPRESENTED BY ITS SECRETARY. 4. THE STATE OF KARNATAKA DIRECTORATE OF AYUSH DHANAVANTRI ROAD BENGALURU-560009 REPRESENTED BY ITS DIRECTOR. 5. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560012 REPRESENTED BY EXECUTIVE DIRECTOR. ...RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1 SRI. H. SHANTHI BHUSHAN, DSGI FOR R2 SRI. B.S. SACHIN, ADV., FOR R3 SRI. M.N. SUDEV HEGDE, AGA FOR R4 R5 SERVED) - - - THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE PRESENT APPEAL, CALL FOR THE CONCERNED RECORDS IN WRIT PETITION NO.38850/2019 AND - 5 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 SET ASIDE THE IMPUGNED JUDGMENT DATED 28.09.2021, AND PASS SUCH OTHER ORDERS AS THE HON'BLE COURT MAY DEEM FIT, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.A. NO.22/2022: BETWEEN: NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (ERSTWHILE CENTRAL COUNCIL OF INDIAN MEDICINE), JAWAHARLAL NEHRU BHARATIYA CHIKITSA AVAM HOMEOPATHY, ANUSANDHAN BHAWAN 61-65, INSTITUTIONAL AREA JANAKAPURI, 'D' BLOCK NEW DELHI - 110 058 REP. BY ITS SECRETARY DR. RAGURAM BHATTA. ...APPELLANT (BY SMT. MANASI KUMAR, ADV.,) AND: 1. AMRUTHA AYURVEDA MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAUVVA STADIUM CHITRADURGA - 577 501 REPRESENTED BY ITS SECRETARY MR. BHARATH L S/O PROF. L. LINGANNA. 2. THE UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA AND - 6 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 HOMEOPATHY (AYUSH) AYUSH BHAWAN, B BLOCK G.P.O. COMPLEX, INA NEW DELHI - 110 023 REPRESENTED BY ITS SECRETARY/ SPECIAL SECRETARY. 3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041 REPRESENTED BY ITS REGISTRAR. 4. THE STATE OF KARNATAKA DIRECTOR OF AYUSH DHANAVANTRI ROAD BENGALURU - 560 009 REPRESENTED BY ITS DIRECTOR. ...RESPONDENTS (BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1 SRI. H. SHANTHI BHUSHAN, DSGI FOR R2 SRI. B.S. SACHIN, ADV., FOR R3 SRI. M.N. SUDEV HEGDE, AGA FOR R4) - - - THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE PRESENT APPEAL, CALL FOR THE CONCERNED RECORDS IN WRIT PETITION NO.49421/2019 AND SET ASIDE THE IMPUGNED JUDGMENT DATED 28.09.2021, AND PASS SUCH OTHER ORDERS AS THE HON'BLE COURT MAY DEEM FIT, IN THE INTERESTS OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) These Writ Appeals are filed by the National Commission for Indian System of Medicine (NCISM) challenging the orders of the learned Single Judge holding that the permission granted to the Institutions in question for the year 2020-21 to admit students in the UG (BAMS) course should be construed to be applicable for the previous year i.e., 2019-20 as well for the same intake capacity. 2. It is submitted that the learned Single Judge had passed the judgment in view of the Division Bench Judgment of this Court in Karnataka Ayurveda Medical College v. Union of India and others in W.P.No.50772/2018 dated 24.09.2020. However, it is contended by the learned counsel for the appellant that the question raised stands covered by the Judgment of the - 8 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 Apex Court in Central Council for Indian Medicine v. Karnataka Ayurveda Medical College and others reported in (2022) 7 SCC 46, where it has been specifically held that the grant of permission for undertaking admission in a particular academic session cannot be held to confer the benefit in earlier academic years where the Institution did not fulfill the criteria of minimum standards for the earlier years. 3. However, the learned counsel for the respondents submits that on the basis of the judgment rendered by the learned Single Judge, all the students who had secured admission for BAMS in the respective institutions in 2019-20 had completed their courses and had also been issued with their degree certificates. 4. Such submissions are placed on record. 5. In the light of the fact that the students were permitted to undertake their studies and have completed their courses, successfully passed out and also issued with - 9 - NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 certificates, we are of the opinion that the appeals need not be entertained or considered at this stage. 6. The appeals are therefore closed recording the submission of the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 4