- 1 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36273 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 33186 OF 2024 (EDN-RES) IN WP No. 36273/2024 BETWEEN: DR. SANOOP K.P., AGED ABOUT 33 YEARS, S/O. K. SREEDHARAN, RESIDING AT KUNJIKOZHUMMAL HOUSE, CHIRAKKARAVAYAL, CHUZHALI, P O KARIMBAM KANNUR, KERALA 670 142. …PETITIONER (BY SRI. SANJAY NAIR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA AYUSH DIRECTORATE, OFFICE AT DHANVANTARI ROAD, ANANDA RAO CIRCLE, BANGALORE 560009. REPRESENTED BY ITS COMMISSIONER 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, OFFICE AT 4TH T BLOCK, JAYANAGAR, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 BANGALORE 560 041. REPRESENTED BY ITS REGISTRAR 3. THE CONTROLLER OF EXAMINATIONS, OFFICE AT RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, 4TH T BLOCK, JAYANAGAR BANGALORE 560 041. 4. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA, AVAM HOMEOPATHY, AMANDAN BHAVAN, NO.6165, INSTITUTIONAL AREA, JANAKAPURI, D-BLOCK, NEW DELHI-110058. 5. M/S. ASHWINI AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, OFFICE AT RING ROAD, MARALUR, TUMKUR 572 105. REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1; SMT. LATHA S SHETTY, ADVOCATE FOR R2 AND R3; SMT. MANASI KUMAR, ADVOCATE FOR R4; R5 - SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 TO ALLOW THE PETITIONER ADMITTED TO ACADEMIC YEAR 2017-18 TO POST GRADUATE - MD - IN THE DEPARTMENT OF DRAVYUGUNA VIJNANA COURSE TO TAKE UP AND WRITE 3 ADDL. ATTEMPTS TO CLEAR THE PRELIMINARY EXAMINATIONS - 3 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 OF POST GRADUATE- MD AYURVEDA COURSE IN LIGHT OF ANNEXURE-E AND ETC. IN WP NO. 33186/2024 BETWEEN: 1. DR. AMAL. M. S. AGED 34 YEARS, S/O SASI M A RESIDING AT 13 243 UTHRAM, CHERUNGATTUKAVU, AKATHETHARA, AKATHETHARA (PART), PALAKKAD, KERALA - 678008. 2. DR. HARIKRISHNAN P.C., AGED 48 YEARS, S/O CHIDHAMBARANATH, RESIDING AT PEEDIKAYIL, PULIYANNOOR P.O, PULIYANNOOR (PART), KOTTAYAM, MEENACHIL, KERALA - 686573 3. DR. YADUN M.R., AGED 36 YEARS, S/O RAMACHANDARAN, RESIDING AT PANACKAL VEEDU, CHANTHAVILA, KATTAYIKONAM P.O., IROOPARA, THIRUVANATHAPURAM, KERALA 695584. 4. DR. ARJUN BHASKAR, AGED 36 YEARS, S/O C.C. BHASKARAN, RESIDING AT CHELAKKATIL HOUSE, NEAR ASRAM HSS, PERUMBAVOOR P.O., - 4 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 PERUMBAVOOR(PART), ERNAKULAM, KERALA 683542. ...PETITIONERS (BY SRI. SANJAY NAIR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA AYUSH DIRECTORATE, OFFICE AT DHANVANTARI ROAD, ANANDA RAO CIRCLE, BANGALORE 560009. REPRESENTED BY ITS COMMISSIONER 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, OFFICE AT 4TH T BLOCK, JAYANAGAR, BANGALORE 560 041. REPRESENTED BY ITS REGISTRAR 3. THE CONTROLLER OF EXAMINATIONS, OFFICE AT RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, 4TH T BLOCK, JAYANAGAR BANGALORE 560 041. 4. M/S. ASHWINI AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, OFFICE AT RING ROAD, MARALUR, TUMKUR 572 105. REPRESENTED BY ITS PRINCIPAL 5. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA, AVAM HOMEOPATHY, AMANDAN BHAVAN, NO.6165, INSTITUTIONAL AREA, - 5 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 JANAKAPURI, D-BLOCK, NEW DELHI-110058. ...RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1; SMT. LATHA S SHETTY, ADVOCATE FOR R2 AND R3; SMT. MANASI KUMAR, ADVOCATE FOR R5; R4 - SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.S 2 TO 4 TO ALLOW THE PETITIONER ADMITTED TO ACADEMIC YEAT 2017-18 TO POST GRADUATE MD COURSE TO TAKE UP AND WRITE 3 ADDL ATTEMPTS TO CLEAR THE FINAL EXAMINATION OF POST GRADUATE MD COURSE AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners in both Writ Petitions are seeking for the following reliefs: WP No.36273/2024 A. Issue a writ of mandamus or any other appropriate writ order or direction, directing the Respondents Nos.2 to 5 to allow the Petitioner admitted to Academic year 2017- 18 to Post Graduate MD in the Department of Dravyuguna Vijnana Course to take up and write 3 Additional Attempts to clear the Preliminary Examinations of Post Graduate -MD Ayurveda Course in light of ANNEXURE - E; - 6 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 B. To dispense with the filling of translation of vernacular docurnents. C. To pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. WP No.33186/2024 A. Issue a writ of mandamus or any other appropriate writ order or direction, directing the Respondents Nos.2 to 4 to allow the Petitioners admitted to Academic year 2017- 18 to Post Graduate MD course to take up and write 3 Additional Attempts to clear the Preliminary Examinations of Post Graduate - MD Course; B. To dispense with the filling of translation of vernacular docurnents. C. To pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Heard the learned counsel for the petitioners and counsel appearing for the respondents. 3. Learned counsel on both sides would submit that the present writ petitions are squarely covered by the decision of the coordinate bench of this Court in the case of Dr. Sayuj Paul.M.K vs. University of Health Sciences and another1 (Dr. Sayug Paul). 1 WP No.19097/2024 DD 24.10.2024 - 7 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 4. The petitioners in both petitions joined the 3 year Post-Graduate MD Course in Ayurveda during the academic year 2017-2018. The National Commission for Indian System of Medicine (NCISM) issued Notification dated 15.12.2021 as regards to allowing mercy attempts under clause 6(1)(c), 2(c), 3(c) and 4(c) of MSE 2016 for the undergraduate Students. Pursuant to the circular issued by the NCISM, the respondent no 2 - RGUHS issued a circular dated 31.12.2021 providing three (3) additional attempts for students admitted under 2016 regulations. 5. Learned counsel for the petitioners would submit that the notification dated 15.12.2021 of NCISM allows mercy attempts in light of COVID -19 Pandemic equally to both the undergraduate and Post Graduate, and there cannot be any discrimination as COVID-19 Pandemic affected all students in similar manner. 6. In Dr Sayug Paul’s Case stated supra the coordinate bench of this court held that COVID-19 Pandemic did not distinguish between undergraduate and - 8 - NC: 2025:KHC:6635 WP No. 36273 of 2024 C/W WP No. 33186 of 2024 Postgraduate students and held the post Graduate are entitled for three additional attempts including supplementary attempts, the petitioners herein are placed in similar situation and the present writ petitions need to be disposed of in similar terms and this court pass the following: ORDER i. The writ petitions are allowed. ii. A mandamus is issued, the petitioners in both petitions would be entitled for three additional attempts including the supplementary attempts. Sd/- ______________________ JUSTICE K.S. HEMALEKHA BNV List No.: 1 Sl No.: 15 CT:SNN