- 1 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6089 OF 2025 (EDN-EX) C/W WRIT PETITION NO. 6110 OF 2025 (EDN-EX) IN WP No. 6089/2025 BETWEEN: 1. DR. SRIHITH T S S/O SAJEEV T S AGED 31 YEARS, REG NO 18AP477, R/O NIMMAKALAKUNETE, CHIKKABALLAPURA TOWN CHIKKABALLAPURA- 562 101. 2. DR. MALLAYYA HIREMATH S/O SADASHIVAYYA, AGED ABOUT 43 YEARS, UNI REG NO 18AP476, R/O GIRISANJEEVINI, M P PRAKASHNAGAR, HOSPETE, BELLARY- 583 201 …PETITIONERS (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, EAST PATTABHIRAMANGAR, JAYANAGAR, BENGALURU- 560 041. REPRESENTED BY ITS REGISTRAR. 2. NATIONAL COMMISSIONER FOR Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 INDIAN SYSTEM OF MEDICINE JAWHARLAL NEHRU BHARATIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO 61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI- 110 058. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR R-1; SMT. MANASI KUMAR., ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DECLARING THE PETITIONERS ADMITTED TO THE ACADEMIC YEAR 2018-19 TO THE POST GRADUATE AYURVEDA COURSE, ARE ENTITELED FOR ISSUE OF 3 ADDITIONAL ATTEMPTS TO CLEAR THE P.G. AYURVEDA EXAMINATIONS IN TERMS OF THE REGULATIONS / NOTIFICATIONS ISSUED BY THE NCISM ANNEXURE-A IN TERMS OF THE FINAL ORDER DTD. 21.10.2024 PASSED BY THIS HONBLE COURT IN W.P.NO. 19097/2024 VIDE ANNEXURE-E. IN WP NO. 6110/2025 BETWEEN: DR. PRIYA GOWTHAMI.M, D./O H.MUNIYAPPA, AGE 33 YEARS, UNI REG NO. 18AT954 R/O NO. 70, JAYANAGAR, BEML NAGAR, KGF POST, BANGARPET, KOLAR- 563 115. ...PETITIONER (BY SMT. BHAVANA N PATIL, ADVOCATE FOR SRI. ABHISHEK MALIPATIL, ADVOCATE) - 3 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, EAST PATTABHIRAMANAGAR JAYANAGAR, BENGLAURU- 560 041. REPRESENTED BY ITS REGISTRAR. 2. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AAM HOMEOPATHY ANUSANDHAN BHAWAN, NO. 64-65, INSTITUTIONAL AREA, JANAKPURI D BLOCK, NEW DELHI- 110 058. REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE FOR R-1; SMT. MANASI KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DECLARING THE PETITIONER ADMITTED TO THE ACADEMIC YEAR 2018-19 TO THE POST GRADUATE AYURVEDA COURSE, IS ENTITLED FOR GRANT OF 3 ADDITIONAL ATTEMPTS TO CLEAR THE PG AYURVEDA EXAMINATIONS IN TERMS OF THE REGULATIONS/NOTIFICATIONS ISSUED BY THE NCISM IN TERMS OF THE FINAL ORDER DTD.21/10/2024 PASSED BY THIS HONBLE COURT IN W.P.NO.19097/2024 VIDE ANNEXURE- E. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 4 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 COMMON ORAL ORDER In W.P.No.6089/2025, the petitioners seek the following reliefs: “i. Issue a writ or order or direction in the nature of mandamus declaring the petitioners admitted to the academic year 2018-19 to the Post Graduate Ayurveda Course, are entitled for issue of 3 additional attempts to clear the P.G. Ayurveda Examinations in terms of the regulations/notifications issued by the NCISM at Annexure- A in terms of the Final Order dtd.21/10/2024 passed by this Hon'ble Court in W.P.No.19097/2024 vide Annexure- E; and ii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.” 2. In W.P.No.6110/2025, the petitioner seeks the following reliefs: “i. Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2018-19 to the Post Graduate Ayurveda Course, is entitled for grant of 3 additional attempts to clear the PG Ayurveda Examinations in terms of the regulations/notifications issued by the NCISM; in terms of the Final Order dtd.21/10/2024 passed by this Hon'ble Court in W.P.No.19097/2024 vide Annexure- E; and ii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.” - 5 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 3. In both petitions, heard learned counsel for the petitioners, learned counsel for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 4. Learned counsel for the petitioners in both the petitions submits that the issue in controversy is directly and squarely covered by the decision of a Co-ordinate Bench of this Court in the case of Dr. Sayuj Paul M.K. Vs. Rajiv Gandhi University of Health Sciences and another – W.P.No.19097/2024 dated 21.10.2024 (Annexure-E), wherein it is held as under: 1. The petitioners are before this Court seeking for the following relief: a) Issue a writ or order or direction in the nature of mandamus declaring the petitioner admitted to the academic year 2017-18 to the Post Graduate Ayurveda-MD-Kayachikitsa Course, is entitled for issue of 3 additional attempts to clear the Final Examinations in terms of the regulations/notifications issued by the NCISM; and b) Issue any other appropriate writ, or order or direction as this Hon’ble Court deems fit to grant in the ends of justice. 2. The petitioner was admitted to the Post Graduate (Ayruveda), MD Kayachikitsa Course for the academic year 2017-18 and had completed the course of study of three years in the year 2020. The petitioner had taken up his examinations in September-2018, April-2019, October-2019, June- July-2020, October-2020, July- - 6 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 2021, February-2022, June-2022, March-2023, July- 2023 and had failed the first-year examination. Finally, in the examination in March-2024, he passed the first- year examination. 3. The Petitioner, contending that in terms of the notification which has been issued on 15.12.2021, providing three more chances, over and above the mercy chances is before this Court contending that those three chances if made available to the Petitioner, the Petitioner could take up those three examinations and probably succeed in those examinations. 4. The submission of Sri.Abhishek Malipatil., learned counsel for the petitioner is also that in another writ petition in WP No.12636/2021, written submissions have been filed by Respondent No.2-herein at para 8 of the said written submission, the Respondent No.2 has categorically indicated that the three additional chances would be available for both undergraduate and postgraduate students and as such, the Petitioner being a postgraduate student, the notification dated 15.12.2021 would be equally applicable to the Petitioner. On that basis, he submits that the petition is required to be allowed and the reliefs sought for is granted. 5. Ms.Manasi Kumar., learned counsel appearing for Respondent No.2 would submits that; 5.1. The notification dated 15.12.2021 has been issued with reference to Clauses 6(1)(c), 2(c), 3(c) and 4(d) of the - 7 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 Indian Medicine Council (Minimum Standards of Education in Indian Medicine) Amendment Regulation 2016 (in short called as “MSE 2016”) and the said MSE 2016 applies only to undergraduates and not to postgraduates. 5.2. In so far as postgraduates are concerned, it is the Indian Medicine Central Council (Postgraduate Ayurveda Education) Regulation 2016 which would be applicable. There is no notification issued under that particular Regulation of the year 2016, which would be applicable to a postgraduate student and as such, she submits that the three additional chances would not be available to postgraduate students. 5.3. Her further submission is that the notification dated 15.12.2021 was issued when COVID 19 pandemic was raging and taking into account that the students' interest would suffer, three additional chances were granted to such students at that time. 5.4. Her submission is that the notification dated 15.12.2021, even if it were to apply to postgraduate students, cannot be availed of by the petitioner in the year 2024, after the end of the COVID pandemic. If it were to be so applied to a postgraduate student who has not completed the course within the timeframe prescribed and Clause (6) of Regulation 9 of the Indian Medicine Central Council Postgraduate Ayurveda Education Regulation, 2016. The duration for completion of the course would exceed beyond a period of six years, which is not permissible. - 8 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 5.5. Lastly, her submission is that the petitioner having availed of all the examinations which have been conducted from the year 2017 to the year 2023, during the entire period of six years, has not succeeded in the examination. If three more chances were to be given to the petitioner, the same would amount to dilution of the standards of education and thus being that the education which has been provided is in respect of medicine, such dilution would not be permissible and as such her submission is that the petitioner required to be dismissed. 6. Sri.Sachin.B.S., learned counsel appearing for respondent No.1 adopts the submission of Ms.Manasi Kumar learned counsel for respondent No.2 and further submits that the petitioner has exceeded the maximum number of attempts which are permissible, and no further indulgence is required to be granted to the petitioner. 7. Heard Sri.Abhishek Malipatil., learned counsel appearing for the petitioner, Sri.Sachin.B.S., learned counsel appearing for respondent No.1 and Ms.Manasi Kumar., learned counsel appearing for respondent No.2. Perused papers. 8. The short question that would arise for consideration in the present matter is; “Whether the petitioner would be entitled for three additional attempts in his postgraduate Ayurveda-MD-Kayachikitsa Course in terms of the notification dated 15.12.2021 and the written submissions filed by respondent No.2 in WP No.12636/2021”. - 9 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 9. The notification dated 15.12.2021 has been issued as regards the mercy attempts under Clause 6(1)(c), 2(c), 3(c) and 4(d) of MSE 2016 which applies only to undergraduate students and not to postgraduate students. 10. On enquiry as to whether a similar notification has been issued for postgraduate students, learned counsel for respondent No.2 submits that no such notification has been issued. However, the counsel for the petitioner has submitted that there cannot be a discrimination between undergraduate students and postgraduate students in as much as the COVID-19 pandemic would have affected all the students in a similar manner. 11. There is some substance in the submission made by Sri.Abhishek Malipatil., learned counsel for the petitioner in as much as the extension and availability of three more chances is on account of the COVID-19 pandemic which has not discriminated between undergraduate and postgraduate students nor can respondent No. to discriminate in such a manner. If a benefit has been held out to undergraduate students, the same would in my considered opinion have to be held out and made available to postgraduate students, the benefit being extended not due to a course but on account of COVID-19 pandemic. 12. Now the question that would arise for consideration is as to whether the petitioner has exhausted all his attempts and the benefit of the notification of 15.12.2022 can be claimed in the year 2024 after the petitioner has failed in his permissible attempts in terms of Clause 6 of Regulation 9 of - 10 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 the Indian Medicine Central Council Postgraduate Ayurveda Education Regulation 2016. 13. The notification dated 15.12.2021 refers to the order passed by the Commission-NCISM in its 8th meeting on 1.12.2021, which reads as under; Ref. No.- BOA/Regulation/UG/7-10/2021 Dated: 15.12.2021 To, 1. Health Secretaries of all State Govts./Union Territories dealing with the Education of Ayurveda 2. Director of ISM & H of all State Govts./Union Territories. 3. Registrars of all Universities having faculty of ASUS. 4. Registrars of all state Registration Boards/Councils. 5. Principal/Dean/Directors of all ASUS Colleges/Institute. Subject: Representations from the students, Universities, State Boards and State Governments of all over the country asking for the additional attempt to appear for the examination as they have exhausted all attempts including mercy attempts under the clause 6(1)(c), 2(c), 3(c) & 4(d) of MSE 2016- reg. Sir/Madam, With reference to the subject mentioned above, I am directed to inform you that Ministry of AYUSH/NCISM/ Erstwhile CCIM is in receipt of various representations across the Country from many students, Universities, State Boards and State Governments asking for the additional attempt to appear for the examination as they have exhausted all attempts including mercy attempts under the clause 6(1)(c), 2(c), 3(c) & 4(d) of MSE Ayurveda and Siddha 2016; 7(1)(c), 2(c), 3(c), 4(d) of MSE Unani 2016 and they could not pass due to fear agony and mental disturbance during the period of COVID-19 pandemic situation, Further, the matter was placed before 8th meeting of NCISM held on 01.12.2021 and decision of Commission is as under:- Commission discussed the matter and observed that "since last two years our country is facing COVID-19 pandemic and due to lockdown the teaching & training in all educational institutions was hampered in a very bad manner. There was an atmosphere of fear and agony all over the country due to which the students were mentally disturbed during this - 11 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 period. Due to this the students might not have performed well in the examinations." Therefore, the Commission considered this scenario, and decided that students admitted under 2016 regulation, who could not pass examinations as per specified number of maximum attempts and duration, three more chances over and above mercy chances shall be allowed. This is a one-time measure considered due to unforeseen Covid-19 Pandemic situation. Kindly acknowledge the receipt of the same. Dr. Raghurama Bhatta U. Secretary I/c (NCISM) 14. A perusal of the above would indicate that the Commission has considered the COVID-19 pandemic which has affected all educational institutions and it is in that background that the Commission was of the opinion that the students admitted under 2016 Regulations who could not pass examinations as per this specified number and maximus attempts and duration, three more chances over and above the mercy chances would be allowed. 15. The written submissions which have been filed in the writ petitioner in WP No.12636 of 2021, para 8 reads as under: 8. By notification dated 15.12.2021 the 2nd Respondent has permitted students who could not clear the examinations within the maximum attempts and duration, three more chances over and above mercy chances. This one-time measure was adopted due to the unforeseen circumstances of the Covid-19 Pandemic. A copy of the said notification is attached herewith as ANNEXURE-A. The Petitioners are also entitled to such three chances over and above the prescribed duration of six years to complete the course. Thus, it must be held that the Petitioners are required to complete the PG Course by 2024 after having exhausted the six-year - 12 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 period as per regulation 9(6) of the 2016 Regulations in 2021. 16. In terms of the aforesaid reproduced paragraph, it is again reiterated by respondent No.2 that the student who could not clear the examination between the maximum attempts and duration, three more chances over and above mercy chances would be provided and there is a categorical submission made by respondent No.2, that the petitioner in that matter would also be entitled for three chances over and above prescribed duration of six years to complete the course and the petitioners who were postgraduate students were also entitled to the three additional chances, as per the written submission filed by respondent No.2 in the 2nd paragraph. 17. In the present case, the petitioner having been enrolled/admitted for the academic year 2017-18 had taken up his examinations for the academic year 2017- 18 in September-2018, for the academic year 2019-20 in April-2019 and October-2019 (supplementary examination), for the academic year 2019-20 in June-July 2020 and October-2020 (supplementary examination), for the academic year 2020-21 in July-2021 there was no supplementary examinations have been conducted in the year 2021, for the academic year 2021-22 in February-2022 again no supplementary examinations have been conducted, for the academic year 2022-23 in the month of June-2022 and March-2023 (supplementary examination), for the - 13 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 academic year 2023-24 in July-2023 and March-2024 (supplementary examination). 18. The course of study being for three years, the academic year had commenced from 2017-18, the course of study got completed in the year 2019-20 and the six years provided under Clause 5 of Regulation 9 expired in the year 2022-23. As regards which the petitioner has taken up the examinations in July-2023 and the supplemental thereof in March-2024. 19. Thus, the petitioner has availed of all the examinations for the maximum period of study of six years, which came to an end in the academic year 2022-23. 20. The notification could however not make any difference or distinction between students who have completed the course prior to the date of the notification or subsequent thereto. The notification simply reads that the students who were admitted under the 2016 Regulation who could not pass examination as per specified number of maximum attempts and duration, three more chances would have to be given. 21. There is no dispute about the petitioner having been admitted under 2016 Regulations, his admission had been affected in the academic year 2017-18. They could have been no distinction which should have been made in the notification dated 15.12.2021 as regards to which the students who have completed their course as well as the maximum duration of the course. Since the - 14 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 maximum duration is for a period of six years, which would have come to an end even, if admitted in the year 2016 in the year 2022. 22. The notification clearly and categorically indicates that there could be three more chances over and above the mercy chances. I am of the considered opinion that these three chances would have to be granted to the students who have not cleared their course even post the notification dated 15.12.2021. 23. Insofar as the contention of Ms.Mansi Kumar that the said notification applies only to undergraduate students and not to postgraduate students, as observed above, I am unable to accept the said submission since the COVID-19 pandemic did not distinguish between undergraduate students and postgraduate students nor can Respondent No.2 do so on that basis. The maximum number of attempts being enhanced by three more chances by the notification dated 15.12.2021, in my considered opinion would equally apply to both undergraduate and postgraduate students. 24. The petitioner therefore would have three more chances post the completion of the year 2022-23, which ended with the supplementary examination conducted in March-2024, for which examination was to be conducted in October-2023 and as such I am of the opinion that the petitioner would be entitled to the relief which had been sought for. As such, I pass the following; - 15 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 ORDER i. The writ petition is allowed. ii. A mandamus is issued, the petitioner would be entitled for three additional attempts including the supplementary attempts. iii. The first attempt has already been permitted to be taken up by the petitioner by virtue of the interim order dated 19.7.2024. iv. The respondents are directed to announce the results of the examination taken up by the petitioner in the month of July-2024. In the event of the petitioner not being successful in the said examination, he would be entitled to take up the supplementary examination to be held by respondent No.1, which shall be treated as the second attempt and in the event of the petitioner not succeeding in that also, he would be entitled to one more attempt in all three attempts. v. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of.” 5. The said submission is placed on record. 6. In view of the aforesaid submission of learned counsel for the petitioners in both petitions, the present petitions also deserve to be allowed and disposed of in terms of the aforesaid - 16 - NC: 2025:KHC:13903 WP No. 6089 of 2025 C/W WP No. 6110 of 2025 decision of a Co-ordinate Bench of this Court in the case of Dr. Sayuj Paul M.K. (supra). 7. In the result, I pass the following: ORDER i. The petitions are allowed and disposed of in terms of the decision of a Co-ordinate Bench of this Court in the case of Dr. Sayuj Paul M.K. Vs. Rajiv Gandhi University of Health Sciences and another – W.P.No.19097/2024 dated 21.10.2024 (Annexure-E). ii. The concerned respondents are hereby directed to permit the petitioners in both petitions to avail three additional attempts to clear PG Ayurveda Examinations, including the supplementary attempts. iii. In view of disposal of the main petitions, pending interlocutory applications, if any, in both petitions does not survive for consideration and are accordingly disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 105