- 1 - NC: 2025:KHC:5243 WP No. 914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 914 OF 2025 (EDN-RES) BETWEEN: KARAVALI AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTER, AN INSTITUTION SPONSORED AND MANAGED BY G. R. EDUCATION TRUST (REG.), NEERMARGA, MANGALORE 575 029 REP. BY ITS CHIEF ADMINISTRATIVE OFFICER, MR. ANIL KUMAR G., S/O LATE MR. K GOPINATHA PILLAI, AGED ABOUT 60 YEARS. …PETITIONER (BY SRI. SURAJ NAIK, ADVOCATE) AND: 1. THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM), AYUSH BHAWAN, B BLOCK, GPO COMPLEX, INA, NEW DELHI 110 023. REP. BY ITS SECRETARY 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH BLOCK JAYANAGARA, BANGALORE 560 041 REP. BY ITS REGISTRAR …RESPONDENTS (BY SMT. MANASI KUMAR, ADVOCATE FOR R1; SRI. SACHIN B.S., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5243 WP No. 914 of 2025 DIRECTING THE RESPONDENT NO. 1 - NCISM TO CONSIDER THE REPRESENTATION DATED 04.01.2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE - F TO CONCLUDE THE PROCESS OF ADJUDICATION PERTAINING TO THE DENIAL OF PERMISSION FOR UG-BAMS COURSE FOR THE ACADEMIC YEAR 2018-19 WITH AN INTAKE OF 60 SEATS AS PER THE ORDER DATED 11.09.2023 PASSED BY THIS HONBLE COURT IN WP 14192/2021 VIDE ANNEXURE-C WITHIN IN A PRESCRIBED TIME FRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers: "a. Issue a Writ in the nature of Mandamus, or any other appropriate Writ, Order or direction, directing the Respondent No.1-NCISM to consider the Representation dated 04.01.2025 submitted by the Petitioner vide Annexure-F to conclude the process of adjudication pertaining to the denial of permission for UG-BAMS course for the academic year 2018-19 with - 3 - NC: 2025:KHC:5243 WP No. 914 of 2025 an intake of 60 seats as per the order dated 11.09.2023 passed by this Hon'ble Court in WP 14192/2021 vide Annexure-C within in a prescribed time frame in the interest of justice. b. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter." 2. Heard learned counsel appearing for the petitioner and learned counsel appearing for respondents and perused the material on record. 3. The grievance of the petitioner is about the inaction of respondent No.1-NCISM in adjudicating the claim of the petitioner to conduct UG-BAMS Courses for the Academic Year 2018-2019 with an intake of 60 seats in terms of the order in writ petition No.46238/2018 dated 05.02.2021 and in WP 14192/2021 dated 11.09.2023. 4. Learned counsel appearing for respondent No.1 submits that non consideration of the claim of the petitioner is in light of misconstruing the order - 4 - NC: 2025:KHC:5243 WP No. 914 of 2025 passed by this Court in WP No.14192/2021, which indicated in the operative portion that the consideration is to be made by respondent No.2-Rajiv Gandhi University of Health Sciences. 5. Learned counsel submits that if reasonable time is granted, representation of the petitioner would be considered within a time bound manner. 6. The said submission is recorded. 7. The operative portion of the order in WP No.14192/2021 dated 11.09.2023, reads as under: "1. The writ petition is allowed. 2. The impugned order dated 16.07.2021 passed by the respondent No.1 vide Annexure-A is quashed. Matter is remitted to the 2nd respondent to adjudicate the claim of the petitioner in terms of the order passed in the aforesaid writ petition No.46238/2018 dated 05.02.2021. 3. It is made clear that the respondents shall not disturb the students admitted for - 5 - NC: 2025:KHC:5243 WP No. 914 of 2025 the academic year 2018-19 in the petitioner-Institution till the respondent No.2 takes a decision." 8. The direction was to adjudicate the claim of the petitioner in terms of the direction passed in WP No.46238/2018 dated 05.02.2021 and till such consideration, the students admitted for the academic year-2018-19 in the petitioner-Institution should not be disturbed. 9. The petitioner has also given representation after the disposal of petition in WP No.14192/2021 for consideration of their claim. In the said circumstances, the grievance of the petitioner would be meted if necessary directions are issued and thus, this Court directs respondent No.1 to consider the representation of the petitioner at Annexure-F and conclude the process of the adjudication of the claim of the petitioner for the academic year 2018-19 strictly in terms of the directions passed in WP No.46238/2018 dated 05.02.2021 within an outer limit of two weeks - 6 - NC: 2025:KHC:5243 WP No. 914 of 2025 from the date of receipt of this order, without waiting for any further representation and pass appropriate order in accordance with law. With these above observations, the writ petition stands disposed of, making it clear that respondent No.1-NCISM to consider the representation fairly without driving the petitioner to approach this Court in another round of litigation. Sd/- JUSTICE K.S. HEMALEKHA TMP List No.: 1 Sl No.: 5 CT:SNN